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.:
RELIABLE MANAGEMENT CORP./ DOCKET NO.:
ARBA REALTY ASSOCIATES, FC 210109-OR
1233 East 19th Street
PETITIONER Apt. 3-G, Brooklyn, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely refiled a petition for administrative
review of an order issued on September 10, 1991, concerning the
housing accommodations relating to the above-described docket
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The owner commenced this proceeding on March 11, 1991 by filing an
application to restore rent based on the restoration of services
for which the rent had been reduced in Docket No. EK 210032-HW.
The owner submitted a copy of a piping and heating bill dated
February 27, 1991, indicating repairs to correct the inadequate hot
In an answer filed on March 27, 1991, the tenant stated in sub-
stance that "the hot water has improved but is still at times
On June 25, 1991, a physical inspection of the subject apartment
was conducted by a Division staff member who reported that the hot
water in the kitchen is 115 degrees F and in the bathroom 112
Based on this inspection, the Administrator determined that the
condition of inadequate hot water had not been corrected, and
denied the owner's application to restore rent.
In this petition, the owner states that the tenant has acknowledged
improvement of the hot water. The owner submitted an undated copy
of a letter, stating "(h)ere is the note I promised to write the
hot water has improved a great deal and I have no complaints so
please take off my arrears in my rent bills."
The tenant did not file an answer to the owner's petition.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, a tenant
may apply to the Division for a reduction of the legal regulated
rent to the level in effect prior to the most recent guidelines
adjustment, and the Division shall so reduce the rent for the
period which it is found that the owner has failed to maintain
Required services are defined in Section 2520.6(r) to include hot
water. Section 27-2031 of the New York City Housing Maintenance
Code provides that every bath, shower, washbasin and sink in any
dwelling unit in a multiple dwelling . . . shall be supplied at all
times (between the hours of 6:00 A.M. and midnight) with hot water
at a constant minimum temperature of 120 degrees F from a central
source constructed in accordance with provisions of the building
code and the regulations of the department. Section 75 of the
Multiple Dwelling Law also reuires that hot and cold water be
supplied at all times of the year during all hours.
Review of the evidence of record shows that the Administrator based
his determination on the entire record, including the results of
the Division's June 25, 1991 inspection report which revealed that
the hot water is inadequate and below the minimum 120 degrees F
required by law. Therefore, the Commissioner finds that the Admin-
istrator correctly determined that the owner had failed to restore
services for which the rent had been reduced.
The letter submitted with the petition, purporting to be an
acknowledgement by the tenant that the condition has been resolved,
does not warrant modification or revocation of the Rent Adminis-
trator's order. Since the letter is undated, it does not establish
that the condition was corrected prior to the issuance of the order
appealed herein. The owner is advised to file another restoration
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy commissioner