STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CD210241RT
DOCKET NO.: CB210085HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued concerning the housing accommodation
known as 510 Linwood Street, Apartment #2B, Brooklyn, New York.
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 petition.
The tenant commenced the proceeding below by filing a complaint on
February 29, 1988 asserting that the owner had failed to maintain
adequate heat and hot water services in the subject apartment.
The owner did not answer the complaint, although afforded an
opportunity to do so.
Thereafter, an inspection of the subject apartment was conducted by
a DHCR inspector, on March 25, 1988, who confirmed that the condi-
tions, described in the complaint, were found to have been correct-
In its petition for administrative review, the tenant states, in
substance, that there was no heat or hot water on March 22nd, 23rd,
or 24th of 1988 and that when the DHCR inspector arrived, the owner
had just fueled the boiler.
The DHCR served a copy of the petition on the owner on June 16,
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 the rent reduction, upon application by the
tenant, where it is found that the owner has failed to maintain
required services. An inspection confirmed that the conditions
complained about have been corrected. Based on this inspection,
the Administrator properly determined that a rent reduction was not
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,
JOSEPH A. D'AGOSTA