STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CF610142RT
DOCKET NO.: CD610003HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 28, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on May
23, 1988, by the Rent Administrator, concerning the housing
accommodation known as 201 East Mosholu Parkway North, Bronx, N.Y.,
Apt. 6-C, wherein the Administrator determined that a reduction in
rent was not warranted based upon a reduction in 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.
The issue herein is whether the Rent Administrator properly denied
the tenant's application for a decrease in rent.
On April 12, 1988, the tenant filed a complaint alleging that the
owner failed to maintain heat and hot-water services.
The owner failed to file an answer to the complaint.
A DHCR inspection conducted on May 6, 1988, revealed that heat was
not required to be provided at the time of the inspection and that
adequate hot-water was being provided.
On appeal, the petitioner-tenant asserted, in pertinent part, that
the inspector erred by determining that her application should be
denied merely because the outside temperature was 55 degrees.
The petition was served on the owner on August 15, 1988.
After a careful consideration of the entire evidence or record the
Commissioner is of the evidence that the administrative appeal
should be denied.
Section 2523.4 of the Rent Stabilization Code provides, in
pertinent part, that a tenant may apply to the 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 hot water.
The Commissioner has considered but rejects the tenant's argument
that the Rent Administrator erred by issuing the appealed order of
May 23, 1988.
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.
In the case at bar, the DHCR inspector determined that hot-water
services were adequate and that because of the outside temperature
being 56@, the owner was not required to provide heat to the
Accordingly, there is no basis for a determination that the owner
has failed to maintain required services.
The Commissioner finds, therefore, that the Administrator properly
based his determination on the entire record including the results
of the on-site inspection conducted of the subject apartment.
Division records show that on March 9, 1988, under Docket No.
CA610086HW, the Rent Administrator reduced the maximum rent of the
subject apartment based on an inspection which confirmed the
owner's failure to provide adequate heat and hot water. That
determination, which granted the tenant the relief sought herein,
is unaffected by the instant proceeding.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and
the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA