DG420014RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DG420014RO
140 West 4th Street Corp.,
RENT ADMINISTRATOR'S
DOCKET NO.: CL420099HW
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 13, 1989, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on June 9, 1989,
by the Rent Administrator, concerning the housing accommodation
known as 142 West 4th Street, New York, N.Y., Apt. 12, 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 the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The issue herein is whether the owner was providing heat and hot-
water services.
On December 28, 1988, the tenant filed a heat and/or hot-water
complaint alleging that these services were not provided for 25
days during the year 1988. On April 5, 1989, the tenant notified
the Rent Administrator that the owner has continued to fail to
maintain heat and hot water services.
The owner filed an answer to the complaint alleging that heat and
hot-water services are being provided and that the boiler
breakdowns which occurred on February 4, 1989 and February 9, 1989
were temporary and quickly repaired.
A Division of Housing and Community Renewal (DHCR) inspection
conducted on May 15, 1989 revealed that the hot-water was
DG420014RO
inadequate in the kitchen and bathroom; that the water temperature
was 95@F; and that heat was not required in the building because
the outside temperature was over 68@F.
On appeal, the petitioner-owner asserted, in pertinent part, that
hot water was temporarily interrupted on February 4, 1989 and
February 9, 1989 and that the problem was corrected shortly
thereafter. The owner further alleged that there were no other
water problems from this point on.
The petition was served on the tenant on October 10, 1989, and on
November 7, 1989, the tenant filed an answer to the petition
stating that she was still having hot-water problems.
After careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
Section 2202.16 of the Rent and Eviction Regulations provides that
an owner's failure to maintain essential services may result in an
order of decrease in maximum rent in an amount determined by the
Rent Administrator. Essential services, as defined by Section
2200.3(b) include heat and hot water.
Housing Maintenance Code Regulations relating to the supplying 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 multiple dwelling . . . . .
shall be supplied at all times (Between the
hours of 6:00 a.m. and midnight) with hot
water at a constant minimum temperature of
120@ F from a central source constructed in
accordance with provisions of the building
code and the regulations of the department.
The results of the inspection confirm the tenant's complaint that
the owner failed to meet the standard set forth in Section 27-2031
of the Housing Maintenance Code.
The owner had more than three (3) months before the inspection to
correct the problem referred to in the owner's response and PAR,
but had failed to effectively do so.
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 May 15, 1989, and that
pursuant to Section 2202.16 of the Rent and Eviction Regulations,
DG420014RO
the Administrator was authorized to reduce the rent upon
determining that the owner had failed to maintain services.
Accordingly, the Commissioner finds, that the owner has offered
insufficient reason to disturb the Rent Administrator's
determination.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that the owner's petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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