Docket Number: FE 510154-RO
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 : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FE 510154-RO
CARLTON R. BALDWIN, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: FA 510015-HW
------------------------------------X SUBJECT PREMISES:
23 West 124th. St., Apt. No. 4,
New York, N.Y. 10027
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 16, 1991, the above-named owner filed a timely Petition for
Administrative Review of an order issued on April 9, 1991 concerning
the housing accommodations relating to the above-described docket
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.
On January 7, 1991, the tenant commenced this proceeding by filing
a complaint asserting that the owner failed to maintain adequate
heat during the period of October 1, 1990 through the present.
On January 15, 1991, the owner was mailed a copy of the tenant's
complaint, together with information on "NYC Housing Maintenance
Code regulations relating to supply of heat, timing devices on
central heating system and supply of hot water."
In its answer filed on February 6, 1991, the owner denied the
allegations set forth in the tenant's complaint or otherwise
asserted that all required repairs had been completed.
Thereafter on February 8, 1991, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed that
the apartment heat was inadequate, i.e. 49oF.
On April 9, 1991, the Administrator directed restoration of adequate
heating services and further ordered a reduction of the
In this petition, the owner states in substance that heat is
adequate; and that this issue had been resolved by an
Administrator's order under Docket No. ZFA-530070-B issued on
April 16, 1991.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Docket Number: FE 510154-RO
The owner's allegation that the issue had been resolved by an
Administrator's order under Docket No. ZFA-530070-B issued on April
16, 1991 is without merit. Said order terminating proceeding does
not deal with inadequate heat in the subject apartment. The owner
thus failed to rebut the inspection finding decreased services
warranting rent reduction.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby