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.: CK410135RT
JAMES BROUSSEAU RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 29, 1988 the above named petitioner-tenant filed
a Petition for Administrative Review against an order of the Rent
Administrator issued November 21, 1988. The order concerned housing
accommodations known as Apt 8D located at 279 E. 44th Street, New
York, N.Y. The Administrator granted the owner's rent restoration
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The owner commenced this proceeding on March 8, 1988 by filing
a rent restoration application wherein it alleged that it had
restored services for which a rent reduction order bearing Docket
No. 85LS000134HH was issued. The Commissioner notes that the rent
was ordered reduced based on the owner's failure to maintain
adequate heat and hot water.
The tenant was served with a copy of the application and
afforded an opportunity to respond.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on October 17, 1988 and
revealed that the hot water temperature was adequate and that heat
was not required at the time of the inspection.
The Administrator issued the order here under review on
November 21, 1988 and granted the application based on the
On appeal the owner states that the rent was never reduced,
that he was never informed of the Administrator's order and that
the owner never complied with the Administrator's order directing
restoration of heat and hot water. The order was served on the
owner on December 13, 1988.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the rent reduction order issued by
the Administrator adequately informed the tenant of the rent
reduction and advised the tenant to pay the reduced rent.
Furthermore, the physical inspection of the apartment confirmed the
owner's allegations in the application, to the effect that the
owner had restored services. The Administrator correctly issued
the order here under review. The order is affirmed. This order is
issued without prejudice to the tenant's rights to file a new
complaint alleging inadequate heat or hot water or to file an
overcharge complaint with the DHCR if the facts so warrant.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
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.
JOSEPH A. D'AGOSTA