FF 110064-OR
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.:
FF 110064-RO
RIDGE DEVELOPMENT, INC.,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER FA 110182-HW
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 4, 1991, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on April 30, 1991,
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
44-37 Douglaston Parkway, Douglaston, New York, Apartment C2RT.
The issue herein is whether the District Rent Administrator
properly reduced the maximum rent of the subject apartment based
upon a reduction in heat and hot water services.
The District Rent Administrator's order, appealed herein, reduced
the maximum rent to the level in effect prior to the last rent
guideline increase based upon the owner's failure to provide heat
and hot water services to the subject apartment.
On appeal, the petitioner-owner alleged that it h d always pro-
vided heat and hot water services to the subject apartment; that
the tenant's complaint did not actually address a failure to
provide heat and hot water; that the Division of Housing and
Community Renewal (DHCR) mistakenly docket d the tenant's com-
plaint as a heat and hot water complaint; that it replaced an
antiquated boiler with individual sub-metered gas heat service;
and that it was compensating the tenant for all charges resulting
out of the conversion pending approval of its application for the
conversion to sub-metering.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be granted.
A review of the record shows that the tenant's decrease in
service complaint, filed on January 7, 1991, did not delineate a
reduction in heat and hot-water services; but rather addressed
itself to the concomitant increase in Con-Edison charges,
resulting from the owner s conversion of the boiler to sub-
FF 110064-OR
metered gas heat service in the subject apartment.
Moreover, the tenant's answer to the petition, filed on July 16,
1991, clearly states that heat and hot water services were pro-
vided by the owner.
The Commissioner finds that the District Rent Administrator erred
when it processed the instant case as a service reduction matter.
By tenant's admission, the owner has consistently supplied heat
and hot water services to the subject apartment. The District
Rent Administrator's order should therefore be revoked.
It appears from the record that matters relating to the conver-
sion to sub-metering will be addressed in a separate proceeding.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
and that the order of the District Rent Administrator be, and the
same hereby is, revoked. The tenant may pay any arrears arising
as a result of this Order and Opinion in three equal monthly
installments.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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