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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.:
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LOUIS DE ANGELIS,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BL630053HW
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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 2900 Briggs Avenue, Apartment 18, Bronx, 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 heat/hot water services were adequate.
In the petition for administrative review, the tenant denies the
inspection findings.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
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 tenant's petition does not establish any basis for
modifying or revoking the Administrator's order which determined,
based on a physical inspection, that adequate heat/hot water
services were being provided.
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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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