Docket Number: FE 530226-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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FE 530226-RO
DISTRICT RENT ADMINISTRATOR'S
BRADFORD N. SWEET, DOCKET NO.: EA 530204-HW
SUBJECT PREMISES:
536 West 111th Street,
PETITIONER New York, NY 10025
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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 19, 1991,
concerning t e 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 issue raised by the administrative appeal.
This proceeding was commenced on December 24, 1990 by various
tenants filing a complaint asserting that the owner had failed to
maintain heat and hot water services in the subject premises.
Although the owner was mailed a copy of the tenant's complaint on
January 10, 1991 and requested to respond, the owner failed to do
so.
Thereafter on March 6, 1991, the subject housing accommodations
was inspected by D.H.C.R. which confirmed that the various tenants
who provided access had inadequate hot water, i.e. hot water
temperatures range from 80oF to 105oF.
The Administrator directed on April 19, 1991 restoration of these
services and further ordered a reduction of the stabilized rent.
In this petition, the owner contends in substance that it is not
clear from the Administrator's order which apartments had
inadequate hot water; that it is unfair for the Administrator to
order a rent reduction for twenty-six apartments; and that the
inspector and the results thereof are questionable.
In reply, various tenants asserted that the owner continues to
fail in providing hot water services to their apartments.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The inspection report shows that twenty-six apartments of the
subject premises, where access was provided, have inadequate hot
Docket Number: FE 530226-RO
water services. These twenty-six, inspected apartments were
attached to the order appealed from. Apartments, wherein access
was not provided or windows were "open" during inspection, were
not included in the Administrator's order. In addition, the owner
does not dispute the existence of inadequate hot water services in
the twenty-six apartments. Furthermore, the tenants' replies to
the owner's petition, unrebutted by the owner, assert the
continued existence of inadequate hot water services.
Accordingly, the owner failed to offer sufficient reason to
disturb the Administrator's order.
THEREFORE, in accordance with the Rent and Eviction Regulations
and the Rent Stabilization Law and Code, 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
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