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.:DG410040RO
JNPJC Brusco Associates c/o
Kucker, Kraus and Bruh, RENT ADMINISTRATOR'S
203 West 85th Street
New York, NY
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 9, 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.
The owner commenced this proceeding on August 12, 1988 by filing an
application to restore rent based on an Owner's Compliance Statement
that services, in particular hot water, were restored in Apts. 5,
32 and 45.
DHCR mailed copies of the application to the tenants. The tenant in
Apt. 5 filed an answer on October 30, 1988, stating that hot water
services broke down twice within the last ten (10) days.
Physical inspections of the subject apartments were conducted by a
DHCR staff member who reported the following:
(1) Apt. 5 - sufficient hot water at 120@F on both March
20 and 21, 1989;
(2) Apt. 32 - no access on both preceding days; and
(3) Apt. 45 - no heat and no hot water on March 21, 1989.
By an order dated June 9, 1989, the Administrator granted the
owner's application as to Apt. 5 and denied the application as to
In this petition, the owner contends in substance that the
Administrator relied upon a subjective determination of whether hot
water was being provided; and that it is impossible to find Apt. 5
with adequate hot water and no heat/no hot water in Apt.45 when both
apartments are in the same vertical line.
DHCR mailed a copy of the petition to the tenant in Apt.45.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been a
reduction in services. The owner's petition does not establish any
basis to modify or revoke the Administrator's determination based on
the inspection which indicated no heat and no hot water on March 21,
1989 in Apt.45.
The Commissioner notes that the Administrator relied upon the
unbiased observations of the inspector who has no stake and interest
in the outcome of the proceedings except to confirm that heat/hot
water services are being provided according to law, in this
instance, at least 120@ F for adequate hot water.
The allegation that it is impossible to find different conditions of
heat/hot water services in apartments of the same vertical line is
a vague, theoretical, unmeritorious generalization. This bare
assertion fails to rebut the actual observations of an impartial
witness in the person of the DHCR inspector who reported no heat/no
hot water on March 21, 1989 in Apt.45.
The Commissioner notes that the owner's rent restoration application
(DG430187OR) was denied on March 5, 1990.
THEREFORE, in accordance with the Rent and Eviction Regulations 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.
JOSEPH A. D'AGOSTA