STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:DG230100RO
Sari Sardell, RENT ADMINISTRATOR'S
DOCKET NO.:DB230077HW
SUBJECT PREMISES:
50 Lincoln Rd.
Various Apts.
Brooklyn, NY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on June 14, 1989 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.
Various tenants commenced this proceeding on February 16, 1989 by
filing a complaint asserting that the owner had failed to maintain
inter alia adequate heat and hot water services in the subject
building.
In an answer filed on March 24, 1989, the owner denied the
allegations and otherwise asserted that adequate heat and hot water
services are being provided and maintained.
The tenants filed a statement on April 26, 1989, asserting that
their complaint has not been resolved.
Thereafter, on May 9, 1989, a physical inspection revealed that the
hot water temperature (118@F) in Apts. 2E and 2J was inadequate,
while the heat was adequate. The inspector found that the heat and
hot water services were adequate in Apts. 2B, 1G, 3A, 3F, 3K, 4C,
4L, 5F, 5I and 6G. The inspector was denied access to Apts. 2C, 2G,
2H, 2I, 2K, 3B, 3G, 3I, 4A, 4B, 4D, 4E, 4F, 4G, 4J, 4K. 5A, 5B, 5D,
5E, 5G, 5J, 5K, 5L, 6A, 6C, 6D, 6H, 6J, and 6L.
By an order dated June 14, 1989, the Administrator directed the
restoration of services and ordered a rent reduction as to Apts. 2E
and 2J. The Administrator denied the applications of tenants who
denied access to the inspector and also denied the applications from
apartments wherein the heat and hot water services were found to be
adequate.
DG230100RO
In this petition, the owner contends in substance that the
inspection could be wrong because adequate hot water services were
being provided to all the building.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction, upon application by a tenant
or tenants, where it is found that an owner has failed to maintain
services. The owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on the May
9, 1989 physical inspection which confirmed the existence of
inadequate hot water services in Apts. 2E and 2J.
The owner's rent restoration application (DG230097OR) was granted on
July 9, 1990.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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