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
APPEAL OF ADMINISTRATIVE REVIEW
DOCKET NOS: EI410238RO
Rosalind H. Sherry D.R.O. DOCKET
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 24, 1990 the above-named petitioner filed a Petition
for Administrative Review against an order issued on September
12, 1990 by the Rent Administrator of the Gertz Plaza, Jamaica,
District Rent Office concerning the housing accommodations known
as 1123 First Avenue, Apt. 5D, New York, N.Y.
The Administrative Appeal is being determined pursuant to the
provisions of 9NYCRR 2523.4
The issue herein is whether there was a decrease in services
warranting reduction of the legal regulated rent.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the administrative appeal.
On July 17, 1991 the tenant filed a complaint of decrease in
services, alleging among other conditions complained of, the
following: lack of hot water .
The owner did not interpose an answer to tenant's complaint.
On August 16, 1990, a physical inspection of the subject housing
accommodation was conducted by the DHCR. The inspector's report,
confirmed existence of the lack of hot water.
On September 12, 1990, the Rent Administrator issued an order
based on the report of the physical inspection, reducing the
No. EI410238RO - 2 -
legal regulated rent by the percentage of the most recent
guidelines adjustment for the tenant's lease which commenced
before August 1, 1990, the effective date of the order, and
directing the owner to refund to the tenant all amounts collected
in excess of the reducing rent since the above mentioned
In its petition, the owner contends that repairs have been made,
and that another order reducing rent was currently outstanding
against the owner.
The Commissioner is of the opinion that this petition should be
The instant order limits its scope to findings of reductions of
heat and hot water, while the outstanding Order referred to by
the owner (DH410307S) found other more varied service reductions
at the subject premises. The Commissioner feels that the rent
for the subject premises can only be restored if the DHCR issues
orders finding all services found to be deficient (by both
orders) to be restored.
This order is issued without prejudice to the owner's right to
file the appropriate application for restoration of the rent, if
the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is.
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, and, that the order of the Rent
Administrator be and the same hereby is, affirmed.