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.: CD610208RO
Jovif Associates, RENT ADMINISTRATOR'S
: DOCKET NO.: CA610086HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 1, 1988, the above-named petitioner-owner filed a petition for
administrative review (PAR) of an order issued on March 9, 1988, by the
Rent Administrator, concerning the housing accommodation known as 201
East Mosholu Parkway North, Bronx, N.Y., apartment 6-C, wherein the
Administrator determined that a reduction in rent was warranted based
upon a reduction in heat and hot-water services.
The Rent Administrator also directed full restoration of services.
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 administrative appeal.
The issue herein is whether the Rent Administrator properly reduced the
rent of the subject apartment.
On January 19, 1988, the tenant filed a complaint alleging that the
owner failed to provide heat and hot-water services.
The owner filed an answer to the complaint on February 1, 1988,
alleging that the tenant's complaints were checked out by the building
superintendent but that no heat or hot-water deficiencies were shown.
A DHCR inspection conducted on February 22, 1988, found that there was
inadequate heat and hot-water in the subject apartment.
On appeal, the petitioner-owner asserted, in pertinent part, that due
to plumbing problems in another apartment, there was no heat and hot-
water in the subject apartment on the day of the inspection.
The petition was served on the tenant on June 21, 1988 and on June 26,
1988, the tenant filed an answer to the petition stating that the DHCR
inspection supported her contention that the owner failed to provide
heat and hot-water.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the petition should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code, a tenant
may apply to the Division of Housing and Community Renewal (DHCR) for
a reduction of the legal regulated rent to the level in effect prior to
the most recent guidelines adjustment, and the DHCR shall so reduce the
rent for the period for which it is found that the owner has failed to
maintain required services.
Required services are defined in Section 2520.6(r) to include heat and
The New York City Housing Maintenance Code requires that a temperature
of at least 68 degrees be maintained whenever the outside temperature
falls below 55 degrees. The Housing Maintenance Code also requires
that hot water be supplied at all times at a constant minimum
temperature of 120 degrees.
The Commissioner finds that the Administrator properly based his
determination on the results of an impartial inspection and that
pursuant to Section 2523.4(a) of the Code, the Administrator was
mandated to reduce the rent upon determining that the owner had failed
to maintain services.
The Commissioner notes that the petitioner's statements at PAR
constitute an admission that the conditions that gave rise to the rent
reduction were conditions that existed prior to the DHCR inspection.
Accordingly, the Commissioner finds that the Rent Administrator
properly determined that the owner had failed to maintain heat and hot-
water services, and correctly reduced the rent of subject
The automatic stay of the retroactive rent abatement that resulted by
the filing of this petition is vacated upon issuance of this Order and
Division records show that the owner's application for rent restoration
was granted on December 20, 1988, under Docket No. CE610021OR.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
Joseph A. D'Agosta