FD230260RO
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.:
FD230260RO
MONCK'S REALTY LTD.,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER EJ230062HW
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 24, 1991, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
March 26, 1991, by the Rent Administrator, concerning the housing
accommodation known as 11 Maple Street, Brooklyn, New York, various
apartments, wherein the Administrator determined that some of the
apartments receive inadequate hot water and issued an order re-
ducing the rent with respect to those apartments.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing of a complaint on
October 22, 1990 alleging, among other things, sporadic hot water.
On January 22, 1991 and January 31, 1991 a Division employee con-
ducted inspections of the apartments and took hot water temperature
readings. The inspections indicated that the temperature of the
hot water was inadequate with respect to certain apartments. Thus,
the Administrator issued an order on March 26, 1991 reducing the
rent for the affected apartments.
In the PAR, the owner contends that the boiler is in good working
order; that after accompanying the inspector to a number of apart-
ments she asked to continue her inspections alone; and that the
inspector did not let the water run for an appropriate length of
time to accurately measure the temperature.
The Commissioner is of the opinion that this petition should be
denied.
FD230260RO
Owner's statement that the boiler is in good working order is
contradicted by the findings of the Division's inspector. The
report was properly placed in the record for the Administrator's
consideration having been prepared by a Division employee who is
not a party to the proceeding and not an adversary of any party.
The report contains the temperature readings of the hot water in
both kitchen and bathroom for each apartment for which access was
given.
Accordingly, the Commissioner finds that the Administrator properly
based his determination on the entire record, including the
physical inspections, and a rent reduction is warranted based on
the finding that the owner has failed to maintain required
services.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, the City Rent Control Law, and the Rent and
Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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