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.: DH110443RO
Kreisel Company, Inc.,
DOCKET NO.: DE110377S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW,
AND AFFIRMING RENT ADMINISTRATOR'S ORDER, AS MODIFIED
The above-named owner filed a timely petition for administrative
review of an order issued on July 14, 1989, concerning the housing
accommodations known as 215-30 47th Avenue, Apartment 2E, Queens,
New York, wherein the Rent Administrator determined the tenant's
complaint of decreased services.
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 tenant commenced this proceeding by filing a complaint
asserting that the shower water temperature fluctuated and that
there were backups in the kitchen and bathtub drains.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that required repairs had been
Thereafter, an inspection of the subject apartment was conducted by
a DHCR inspector who reported that the shower water temperature
fluctuated between 104@F and 110@F. Other services decreases were
found to have been corrected. Based on the inspector's report, the
Rent Administrator found that the shower water temperature was
inadequate, directed the owner to restore the service and further,
ordered a reduction of the stabilization rent.
In the petition for administrative review, the owner requests that
the order be reversed because the fact that the order failed to
specify the hot water temperature in the shower at the time of
inspection deprived the owner of the opportunity to address the
issue in the petition and to rectify the condition. The owner also
alleges that the condition was the result of a temporary disruption
of services at the time of inspection due to work related to the
installation of a new boiler.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied as more fully set forth below.
Pursuant to Section 2523.4 of the Rent Stabilization Law and Code,
DHCR is required to order a rent reduction, upon application by a
tenant, where it is found that the owner has failed to maintain
Although the Rent Administrator's order cited inadequate hot water
as the predicate for the rent reduction in the proceedings below,
the DHCR inspector confirmed the tenant's complaint of shower water
temperature fluctuation as well as finding a related condition that
the hot water temperature was inadequate. The Rent Administrator's
order is amended to concur with the inspector's observations, cited
above. The conditions found warranted the rent reduction granted.
The owner's petition does not establish any further basis for
modifying or revoking the Rent Administrator's order. The owner's
suggestion that an alleged lack of specificity in the Rent
Administrator's order deprived the owner of rights is without
merit. The Rent Administrator afforded the owner the due process
notice the owner was entitled to by service of the tenant's
complaint. Moreover, the records were available to the owner for
inspection after the Rent Administrator's issued the determination
by filing a FOIL (Freedom of information Law) Application.
The owner's claim on appeal that boiler repairs occurring at the
time of inspection may have affected services is beyond the scope
of review, since administrative review is limited to issues and
evidence presented to the Rent Administrator for consideration.
Moreover, in light of the fact that the hot water equipment was
operating at the time of inspection, albeit inadequately, the
owner's claim of services interruptions due to boiler repairs fails
to explain the conditions observed.
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 Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied.
The Rent Administrator's order is modified to reflect that a rent
reduction was warranted based on the shower water temperature
fluctuation conditions. In all other respects, the Rent
Administrator's order is affirmed.
JOSEPH A. D'AGOSTA