DHCR Decisions
CC410049RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
CC410049RT
JO JO ARONSTEIN,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BL410083HW
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review (PAR) of an order issued concerning the housing accommoda-
tions known as 241 East 14th Street, Apartment 2A, New York,
New York.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain heat/hot water
services in the subject apartment.
Thereafter an inspection of the subject apartment conducted by a
Division of Housing and Community Renewal (DHCR) inspector,
determined that adequate heat and hot water services were being
provided.
In the petition for administrative review, the tenant disputes the
inspection findings in that the inspection in February 1988 is not
indicative of conditions existing in November 1987, the time of the
complaint.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
CC410049RT
The record in this case reveals that the tenant's complaint was
dated December 15, 1987, acknowledged by this agency on January
7,1988. A scheduled inspection for January 26,1988 was cancelled
due to the tenant's unavailability. The inspection was then
conducted on February 3, 1988 and revealed that heat/hot water
services were adequate.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The report of inspection conducted on February 3, 1988,
by an employee of the Division, who is not a party to the
proceeding, was properly placed in the record for consideration by
the Administrator. The Commissioner finds that it was proper for
the Administrator to rely on the inspection results in determining
whether services were adequate. The tenant's petition does not
establish any basis for modifying or revoking the Administrator's
order which determined, based on a physical inspection that
heat/hot water service was adequate.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby, is
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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