STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
MARGARET MILLER, DOCKET NO.:
9 East 67th Street
PETITIONER Apt. 4-R, New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued 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 the proceeding below by filing a complaint
asserting inter alia that the owner had failed o maintain ade-
quate hot water in the subject building.
In her answer, the owner denied the allegations set forth in the
tenant's complaint or otherwise asserted that all required re-
pairs had been or will be completed.
Thereafter an inspection of the subject building was conducted by
a D.H.C.R. inspector who confirmed that the hot water was in
adequate (bathtub 90 degrees, bathroom sink 91 degrees, kitchen
sink 85 degrees).
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
In her petition for administrative review, the owner states, in
substance, that hot water is adequate.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code,
"A tenant may apply to the DHCR for a reduc-
tion of the legal regulated rent to the level
in effect prior to the most recent guidelines
adjustment, and the DHCR shall so reduce the
rent for the period for which it is found
that t e owner has failed to maintain re-
Required services are defined in Section 2520.6(r) to include
heat and hot water.
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, 1990 and that
pursuant to Section 2523.4(a) of the Code, the administrator was
mandated to reduce the rent upon determining that the owner had
failed to maintain adequate hot water.
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to an application to the Division for
a restoration of rent based upon the restoration of services.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner