STATE OF NEW YORK
DIVISION OF HOUSING AN 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.: DI210205RT
Freda Goldenberg RENT ADMINISTRATOR'S
PETITIONER DOCKET NO.: CB230059OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The petitioner-tenant timely filed an administrative appeal against
an order issued on July 11, 1989 by the Rent Administrator (92-31
Union Hall Street, Jamaica, New York) concerning the housing
accommodations known as 636 Dahill Road, Brooklyn, New York,
apartment 9, wherein the Rent Administrator granted a major capital
improvement (MCI) rent increase for the stabilized and controlled
apartments in the subject premises.
The Administrator's order appealed herein authorized an MCI rent
increase for the boiler and burner. The Administrator also stated
that inspections performed on June 8th and June 13, 1989 determined
that the hot water was adequate, but that a heat inspection could
not be conducted due to weather conditions, and that if further
complaints occurred during the next heating season, the increase
granted in this order could be rescinded.
On appeal the petitioner-tenant states, in substance, that the heat
service is inadequate.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be denied.
The Commissioner notes that this tenant failed to respond to the
Rent Administrator's request for additional information (mailed on
June 8, 1989) as to whether the conditions complained of still
existed in the apartment, and also failed to provide access to this
Division's inspector on two separate occasions although having been
given written notices of the inspection dates.
ADMIN. REVIEW DOCKET NO. DI210205RT
Furthermore, according to Division records, on October 30, 1989,
this tenant filed an application for a rent reduction based upon
the owner's failure to provide and maintain heat and hot water
services. On January 25, 1990 an order was issued, under Docket
Number DJ220071HW, denying the tenant's application based on a
physical inspection of January 9, 1990 which revealed that heat and
hot water services were adequate.
However, as provided for in the Administrator's order and in
accordance with Policy Statement 90-8, the rent increase provided
for in said order is not collectible from any apartment for which
there is an outstanding order based upon a finding that the owner
is not maintaining services. In this connection the Commissioner
notes that a rent reduction order (Docket No. 2T703575 et al)
remains outstanding against the subject apartment.
On the basis of the entire evidence of record, it is found that the
Administrator's order is correct and should be affirmed.
This order and opinion is issued without prejudice to the tenant's
right to file an application for a rent reduction based on any
current diminutions in services, including inadequate heat and hot
water, if the facts so warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is
ORDERED, that this administrative appeal be, and the same hereby is
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
Joseph A. D'Agosta