CC430402RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CC430402RT
Tanya Sternberg,
RENT ADMINISTRATOR'S
DOCKET NO.: BL430071HW
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING TO ADMINISTRATOR
On March 3, 1988, the above-named petitioner-tenant filed a timely
petition for administrative review of an order issued on February
18, 1988, concerning the housing accommodation known as 150 West
80th Street, New York, New York, wherein the Administrator granted
in part the tenant's complaint of lack of heat and hot water.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
This proceeding, which addressed the tenants' allegation of
frequent lack of heat and hot water, was commenced by the filing of
a complaint of decrease in services by the petitioner on behalf of
various tenants.
Thereafter, an inspection of the individual apartments to which
access was gained, confirmed the complained of condition as to some
of the units. The Administrator's order granted rent reductions to
those tenants where inspection disclosed inadequate heat and/or hot
water and denied the applications of those tenants where heat
and/or hot water were determined to be adequate. The tenants whose
apartments could not be inspected were denied rent reductions.
In the PAR, the tenant representative states that the inspection of
individual apartments was made without notice, that tenants who
were not at home were denied rent reductions while those who were
at home were granted rent reductions, that the complaint below was
of inconsistent heat and hot water and not lack of heat and hot
water and that the condition cannot be disclosed by a single
inspection.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted in part and the proceeding
CC430402RT
remanded to the Administrator for further processing.
The report of the inspection dated January 20, 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
inspection report indicates that access to seven apartments could
not be achieved. Two other apartments were found to have
inadequate heat or hot water, and an additional four apartments
were found to have adequate heat and hot water. The Commissioner
finds that it was proper for the Administrator to rely on the
report of inspection in determining the outcome in this case with
respect to those apartments as to which access was obtained.
However, the Administrator erred in denying the complaints of the
tenants where access to the individual apartments could not be
obtained. The record reflects that this inspection was conducted
without notice to the tenants. Therefore, the lack of access
cannot serve to deny the complaints of the tenants who were never
notified of the Division's intention to conduct individual
apartment inspections.
Lastly, the Division's procedures do not make provision for
multiple inspections in order to determine whether there has been
a decrease in apartment services.
THEREFORE, in accordance with the City Rent Law, the Rent and
Eviction Regulations, and the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted in
part, and that the Administrator's order be, and the same hereby
is, revoked, and the proceeding is remanded to the Administrator
for further processing.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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