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.: CK120176RT
DOCKET NO.: CB120096OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 23, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued October
18, 1988, by the Rent Administrator, concerning the housing
accommodation known as 34-15 37th Avenue, Long Island City, N.Y.,
Apt.#35, wherein the Administrator granted the owner's rent
restoration application based upon a finding that heat and hot-
water services had been restored.
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
granted the owner's application.
The owner commenced this proceeding by filing an Application For
Rent Restoration on February 18, 1988, stating that services for
which a rent reduction order had been issued by the Administrator,
on April 27, 1987, under Docket No. BC120066HW had been restored.
The tenant filed an answer to the application on April 2, 1988,
alleging that the owner failed to make the necessary repairs as
stated in the owner's application.
A DHCR inspection conducted on September 19, 1988, revealed that
heat was not required at the time of the inspection because the
outside temperature was 79@. The inspector further found that the
apartment had adequate hot-water.
On appeal, the petitioner-tenant asserted, in pertinent part, that
although the owner had restored heat and hot-water services, there
were other repairs that the owner failed to correct.
The petition was served on the owner on December 15, 1988.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
The owner, on proof of restoration of those services which were the
subject of the Rent Administrator's reduction order is, by law,
entitled to an order granting its rent restoration application.
The record clearly shows that the Rent Administrator in granting
the owner's restoration application, based the findings on results
of an inspection held by the Division of Housing and Community
Renewal, on September 19, 1988, which revealed that the owner was
maintaining heat and hot-water services specified in the
Administrator's rent reduction order of April 27, 1987.
The Commissioner notes that the Rent Administrator also reduced the
rent of the subject apartment by $11.00 per month, on October 7,
1987, under Docket No. BC120220S, based on the owner's failure to
repair the master bedroom and livingroom ceilings and walls which
The owner's application for restoration of the rent reduced by
order ZBC120220S, was denied by the Rent Administrator under Docket
No. CC120157OR, but the owner's application for restoration of the
rent reduced because of the failure of the owner to provide heat
and hot-water services was granted on October 18, 1988, under
Docket No. CB120096OR.
The Commissioner finds, therefore, that the tenant has not been
aggrieved by the appealed order and that by petitioner's own
statement, on appeal, the owner had restored heat and hot-water
Accordingly, the Commissioner finds that the Administrator properly
based his determination on the entire record, including the
tenant's own statement that the heat and hot-water complaint has
been resolved and that the Administrator properly restored the rent
by 7«% of the maximum collectible rent upon determining that the
owner had restored these services.
The $11.00 per month rent reduction for other defective conditions
is not affected by the determination herein.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, 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