DJ 130015 RO
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.: DJ 130015 RO
D.S. Bagga DISTRICT RENT ADMINISTRATOR
DOCKET NO.: CJ 130057 B
PREMISES: 85-31 120th Street
PETITIONER Queens, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
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 the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services
on the subject premises. Amongst the complained of conditions:
inadequate janitorial service and severe fluctuations in the
water temperature due to inadequate water pressure.
In his answer, the owner stated, in pertinent part, that
janitorial services were being provided and that a new boiler had
been recently installed. The owner goes on to state that the
superintendent would be directed to investigate the tenant's
complaint regarding the water temperature and pressure, and that
this tenant was the only one to make this kind of complaint.
Thereafter, two inspections of the subject premises were
conducted by a D.H.C.R. inspector who found the hot water
temperature and janitorial services to be inadequate.
In his petition for administrative review, the owner states in
substance, that the DHCR never informed him that the hot water
temperature was inadequate.
The Commissioner is of the opinion that the petition should be
A review of the record below discloses that the owner responded
to the tenant's allegation regarding the water temperature in his
answer to the tenant's complaint. Given this fact, and that
results of the physical inspections, the Commissioner finds that
the order reducing the rent was warranted, and this order is
issued without prejudice to the owner filing a restoration of
DJ 130015 RO
THEREFORE, in accordance with the Rent Stabilization Law and
Code, the Emergency Tenant Protection Act of 1974 and the Rent
and Evictions Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.