CD620206RO
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.: CD620206RO
77 Realty Co.,
RENT ADMINISTRATOR'S
DOCKET NO.: BK620081OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 735 East 242nd Street, Apt. 4D, Bronx,
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 owner commenced the proceeding on November 12, 1987 by filing
an Application for Rent Restoration wherein it alleged that it had
restored services for which a rent reduction order bearing Docket
No. B001645S had been issued wherein the owner was directed to
correct the problem of the inadequate hot water temperature which
was at 90 degrees.
In an answer, the tenant stated that she had not been given any
rent reduction.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on February 8, 1988, who confirmed the existence
of the following defective conditions:
Inadequate hot water temperature; 90 degrees.
Hot water must be kept at a constant minimum temperature
of 120 degrees in accordance with the provisions of the
building Code and the regulations of the Department.
The Rent Administrator denied the owner's rent restoration
application.
CD620206RO
In its petition for administrative review, the owner states, in
substance, that the hot water temperature is well over 90 degrees
and over the minimum 120 degree level and he would like to be
present at the next inspection.
The DHCR served a copy of the petition on the tenant on June 27,
1988.
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 owner's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection confirming the existence of defective condi-
tions in the subject apartment for which continuation of the rent
reduction is warranted.
Accordingly, the Commissioner finds that the Administrator properly
determined that the owner had failed to restore the hot water
temperature to the adequate level based on the evidence of record,
including the results of the on-site physical inspection of the
subject premises on February 8, 1988.
The owner may file another rent restoration application if the
facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection 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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