Docket Number: FF 430560-RT
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 430560-RT
DISTRICT RENT ADMINISTRATOR'S
VARIOUS TENANTS, DOCKET NO.: FA 410027-HW
SUBJECT PREMISES:
PETITIONER 30 Horatio Street
----------------------------------X New York, NY 10014
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART, AND REMANDING TO THE ADMINISTRATOR
Various tenants filed a timely petition for administrative review
of an order issued on March 20, 1991, concerning the 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
issues raised by the administrative appeal.
This proceeding was originally commenced on January 7, 1991 by
various tenants filing a complaint that "(d)uring the entire
heating season there have been constant interruptions in the heat
and hot water provided."
In its answer filed on January 22, 1991, the owner asserted that
although a leak in the boiler had occurred once, repairs have
already been made and "heat and hot water services are being
provided" and maintained.
In a statement filed on January 23, 1991, various tenants affirmed
that "the owner has continued to fail to maintain heat/hot water
services."
Thereafter on February 14, 1991, the subject premises was inspected
by a D.H.C.R. staff who reported that at apartment numbers 3C, 2C,
3B, 1D, 2A, 3A, 2B and 2D, "(t)enant(s) stated at door heating and
hot water was adequate."
Based on said inspection, the Administrator denied on March 20,
1991 the tenants' application because "(a)s acknowledged by various
tenants in various apartments, heat and hot water are being
adequately provided."
In this petition, the tenants asserted in substance that "the
inspection was inadequate and misleading" because the building was
Docket Number: FF 430560-RT
without heat and hot water throughout the winter and many other
tenants were affected by the order.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted in part and remanded to the
Administrator for further processing.
There is no evidence in the record that the inspector's report did
rise to the level of objective findings based on examination,
observation and testing required to warrant dismissal of the
tenants' complaint. The inspector stated that at some of the
apartments concerned, "(t)enant(s) stated at door heating and hot
water was adequate." The report is not based on an inspection, but
a summary of the tenants' opinions at that time.
Accordingly, the Administrator's order is revoked and remanded to
the Administrator for a determination de novo as to the complaints
of inadequate heat and hot water.
This Order and Opinion is issued without prejudice to the rights of
other tenants to file complaints for current reductions of heat and
hot water.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted to
the extent of revoking the Administrator's order and remanding this
proceeding to the Administrator for further processing in
accordance with this Order and Opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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