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.:DG430030RO
Henry Street Assoc., RENT ADMINISTRATOR'S
DOCKET NO.:DB430065HW
SUBJECT PREMISES:
177 Henry Street
various apts.
New York, 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 April 27, 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 7, 1989 by
filing a complaint asserting that the owner had failed to maintain
adequate heat/hot water services in the subject building.
On February 28, 1989, DHCR mailed a copy of the complaint to the
owner. In an answer filed on March 8, 1989, the owner through its
attorneys requested a thirty (30) day extension of time to answer.
The owner through its attorneys filed on April 18, 1989 another
answer stating that a new boiler system was installed in January
1989 and that the outdated plumbing system is being replaced,
requiring an occasional shut-down.
On May 5, 1989, a physical inspection of these apartments was
conducted by a DHCR staff member who confirmed that the hot water
service was inadequate in all apartments; and that the heat,
however, was adequate.
By an order dated April 27, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
DG430030RO
The Commissioner notes that an amended order was issued on May 8,
1991 to correct only the tenants' status, while other parts of the
April 27, 1989 order remain unchanged.
In this petition, the owner contends in substance that all work was
done; that the tenants knew of possible temporary disruptions of hot
water service while repairs were made; and that no rent reduction is
therefore warranted. The Commissioner notes that the owner's
attorneys withdrew from representation of the case by a letter filed
on January 3, 1990.
In answer, various tenants denied the owner's allegation of
temporary disruptions of hot water service, and otherwise asserted
in substance that hot water was inadequate for months.
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,
where it is found that an owner has failed to maintain required
services. 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 May 5, 1989 a
physical inspection which confirmed that the hot water service was
inadequate in all apartments. In addition, the owner failed to
establish that this inadequate hot water service was temporary and
not of long duration and did not inconvenience the tenants for
months.
The owner is advised to file a rent restoration application if the
facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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