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.: EA610205RO
B & L CONCOURSE HOUSING ASSOC./
LEO ZISMAN, RENT ADMINISTRATOR'S
DOCKET NO.: DI610727S
PETITIONER
SUBJECT PREMISES:
1290 Grand Concourse
Apt. 5H
Bronx, NY
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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 December 19, 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 tenant commenced this proceeding on September 27, 1989 by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In answer, the owner denied the allegations in the complaint and
otherwise asserted that all services were being provided and
maintained.
An on-site inspection of the apartment was conducted on December 4,
1989 by a DHCR inspector who confirmed that there was inadequate
heat (62@F) in the subject apartment at that time.
By an order dated December 19, 1989, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
rent.
In the petition for administrative review, the owner contends that
adequate heat was being provided at all times and the inspection
finding 62@F must be wrong.
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
EA610205RO
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.
The owner's petition does not establish any basis for modifying or
revoking the Administrator's determination that the owner was not
maintaining required services based on the results of the December
4, 1989 on-site inspection which confirmed the existence of
inadequate heat in the subject apartment, warranting a rent
reduction.
Accordingly, the Administrator's determination was in all respects
proper and is hereby sustained.
The automatic stay of the retroactive rent reduction 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,
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:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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