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.: EA110359RO
DOCKET NO.: DH110020HW
43-31 Ithaca St.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on November 28, 1989 concerning the
housing accommodations relating to the above-described docket
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 tenant commenced this proceeding on August 22, 1989 by filing
a complaint asserting that the owner had failed to maintain adequate
hot water services in the subject apartment.
On September 5, 1989, DHCR mailed a copy of the complaint to the
The tenant filed another statement dated October 3, 1989, asserting
that the hot water services were getting worse due to the reduced
An on-site inspection of the apartment was conducted on November 16,
1989 by a DHCR inspector who reported that the hot water temperature
was inadequate, i.e. 92@F in the kitchen and the bathroom.
By an order dated November 28, 1989, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
In its petition for administrative review, the owner contends that
during the period commencing November 7, 1989 and completed on
November 17, 1989, it installed new heating and hot water systems.
Attached to the petition were copies of letters by contractors and
a letter addressed to DHCR, warning about this "emergency." The
owner also submitted copies of alleged return receipts, with dates
of delivery subsequent to the inspection and the order's issuance.
DHCR served a copy of the petition to the tenant.
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
The owner's petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
was not maintaining required services based on the results of the
November 16, 1989 on-site inspection which confirmed the existence
of inadequate hot water services, warranting a rent reduction.
The Commissioner notes that the owner's rent restoration application
(EA110138OR) was granted on September 14, 1990.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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