ADM. APPEAL DOCKET NO. FJ - 430501 - 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 APPEAL
APPEALS OF DOCKET NO.:
FJ - 430501 - RT
:
DRO ORDER NO.:
FF 430036 - HW
VARIOUS TENANTS OF
325 WEST 45TH STREET
NEW YORK, NEW YORK
PETITIONERS :
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On October 25, 1991, the above-named petitioner-tenants
filed Administrative Appeals against orders issued on September
30, 1991, by the District Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 325 West 45th Street, New York, New York, various
apartments.
Subsequent thereto, the petitioner filed a petition in the
Supreme Court pursuant to Article 78 of the Civil Practice Law
and Rules requesting that the Court direct the Division to
expeditiously issue a determination of the petitioner's
administrative appeal.
The issue herein is whether the District Rent Administrator
properly denied the tenants' complaints of inadequate heat and/or
hot water.
The District Rent Administrator's orders, appealed herein,
denied the tenants' complaints and determined that:
"The tenant failed to provide access to
the subject apartment for the purpose of
physical inspection by this office on
August 21, 1991 and August 22, 1991.
"The tenant filed a complaint of
inadequate heat service. However,
the heating season is from October
ADM. APPEAL DOCKET NO. FJ - 430501 - RT
1st to May 31st. Therefore, heat is
not required at this time. The owner
remains obligated to provide and
maintain heat in accordance with the
New York City Housing Maintenance Code."
On appeal, the petitioner-tenants alleged, inter alia, that
they did not receive actual notice of the inspection; that a
number of complained-of conditions do not require access and that
it would be appropriate for the DHCR to wait until the heating
season (October 1) to determine heating conditions in the subject
apartments.
After a careful consideration of the entire evidence of
record the Commissioner is of the opinion that the administrative
appeals should be denied.
A review of the file reveals that the subject tenants filed
a building-wide service complaint, on June 12, 1991, covering a
medley of service complaints and a heat and hot water complaint.
The general services complaint was assigned docket number
FF-530071-B which is pending and the heat and hot-water complaint
was separately assigned docket number FF 430036 - HW.
It is evident from the record that on July 15, 1991, the
District Rent Administrator required that the Standard Inspection
Notice be sent to the subject tenants and that, properly
addressed, separate notices were respectively mailed to the
tenants on August 12, 1991 and second notices were served on the
tenants on August 21, 1991.
An examination of the inspection notices shows clearly that
the inspection was called to determine the hot water issue only.
Therefore, the petitioners' claim on appeal that the DHCR was
obliged to wait until the heating season to determine that
particular issue is without basis.
Moreover, petitioners' claim that a number of complained-of
conditions do not require access also must fail because the
proposed inspection was addressed to hot water conditions only
and access is, therefore, necessary.
The Commissioner finds, therefore, that the tenants were
properly served with two separate inspection notices and that
they were given adequate opportunity to provide access to their
apartments to the DHCR inspector; but had failed to do so.
The Commissioner further finds that the District Rent
Administrator properly based his determination on the entire
record and properly denied the tenants' complaints.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ADM. APPEAL DOCKET NO. FJ - 430501 - RT
ORDERED, that the petitions be, and the same hereby are
denied, and the same hereby are affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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