Docket Number: FE 210290-RO
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FE 210290-RO
:
DISTRICT RENT ADMINISTRATOR'S
LENOX EQUITIES/LAZAR HAGER, : DOCKET NO.: FC 210009-HW
: SUBJECT PREMISES:
1107 Lenox Rd., Apt. No. 7A,
PETITIONER : Brooklyn, NY 11212
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 22, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 30, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The Commissioner has reviewed all 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 on March 4, 1991 when the tenant
filed a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
Although properly notified to do so on March 11, 1991, the owner
failed to respond to the tenant's complaint.
Thereafter on April 4, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence of
defective conditions, namely hot water below "the constant minimum
of 120oF temperature" as required by law.
The Administrator directed on April 30, 1991 restoration of these
services and further ordered a reduction of the stabilized rent.
In this petition, the owner contends in substance that to maintain a
120oF temperature is "beyond our control" and does not warrant a
rent reduction.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
Section 27-2031 of the Housing Maintenance Code requires that:
Except as otherwise provided in this article, every bath,
shower, washbasin and sink in any dwelling unit in a
multiple dwelling......... shall be supplied at all time
(between the hours of six a.m. and midnight) with hot
Docket Number: FE 210290-RO
water at a constant minimum temperature of 120 degrees
Fahrenheit from a central source constructed in accordance
with provisions of the building code and the regulations
in the department.
The owner was duly informed of said provision of the law in
connection with the tenant's complaint one month prior to inspec
tion, but the owner failed to act on the matter. Despite the
owner's assertions, inspection did disclose a violation of the
above-stated law and a finding of decreased services, warranting
rent reduction. The owner's contention that maintaining the lawful
water temperature is beyond its control is without merit.
THEREFORE, in accordance with the Rent and Eviction Regulations, it
is
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|
