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.:
WIENER REALTY COMPANY,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 25, 1989, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on May 15, 1989,
by the Rent Administrator, concerning the housing accommodations
known as 301 East 38th Street, New York, New York, apartments 6-C
and 15-I, wherein the Administrator determined that a reduction in
rent was warranted based upon a reduction in 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
issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject apartments.
On October 22, 1988, the tenants filed a complaint alleging that
the owner, among other things, was not providing hot-water ser-
The owner filed an answer to the complaint alleging that massive
renovations have been completed to improve the level of service in
the subject building and that all service items have been cor-
A Division of Housing and Community Renewal (DHCR) inspection
conducted on April 13, 1989, revealed that, although the heat and
hot water was adequate for all other complaining tenants, the
kitchen hot water temperature in apartments 6-C and 15-I was
On appeal, the petitioner-owner asserted, in pertinent part, that
all service deficiencies noted in the tenants' complaint including
heat and hot-water were corrected in all apartments.
The petition was served on the tenants on September 25, 1989, but
the tenants failed to file answer to the petition.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
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 hot water.
For rent controlled tenants, Section 2202.16 of the Rent and
Eviction Regulations provides that a finding that an owner failed
to maintain services may result in an order of decrease in maximum
rent, in an amount determined by the discretion of the Rent Admin-
Housing Maintenance Code regulations relating to supply of hot
water provide as follows:
Section 27-2031 Supply of hot water when required:
Except as otherwise provided in this article, every bath,
shower, washbasin and sink in any dwelling unit in a
multiple dwelling. . . . . . . . . . shall be supplied at
all times (between the hours of six a.m. and midnight)
with hot water at a constant minimum temperature of 120@
Fahrenheit from a central source constructed in accord-
ance with provisions of the building code and the
regulations of the department.
A review of the file clearly shows that the owner failed to provide
hot water services for apartment 6-C and 15-I.
The inspection report finding inadequate hot water services
confirms the tenants' complaints that the owner failed to meet the
standard set forth in Section 27-2031 of the Housing Maintenance
The owner did not submit any evidence that the deficiencies noted
on the inspector's report were completed in a workmanlike manner at
the time of the DHCR's inspection or at any time prior to the
issuance of the Administrator's order.
The Commissioner finds that the Administrator properly based his
determination on the entire record, including the results of the
on-site physical inspection conducted on April 13, 1989, and that
pursuant to Section 2523.4(a) of the Code and Section 2203.16 of
the Rent and Eviction Regulations the Administrator was mandated to
reduce the rent upon determining that the owner had failed to
The Commissioner notes that owner's claim on appeal that the
inspection of April 13, 1989, found heat and hot-water services
adequately provided is correct as it pertains to all apartments
other than apartments 6-C and 15-I. As to these apartments, the
inspection report specifically stated that the services in question
Accordingly, the Commissioner finds that the owner has offered
insufficient reason to disturb the Rent Administrator's determina-
Upon a restoration of services the owner may separately apply for
a rent restoration.
As regards the rent stabilized tenants the automatic stay of the
retroactive rent abatement that resulted by the filing of this
petition is vacated upon issuance of this order and opinion.
THEREFORE, in accordance with the provisions of the Rent and Evic-
tion Regulations for New York City, and the Rent Stabilization Law
and Code, it is
ORDERED, that the owner's petition be, and the same hereby is,
denied, and the Rent Administrator's order be, and the same hereby,
JOSEPH A. D'AGOSTA