FL 610086 RO, et al.
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NOS.:
FL 610086-RO; FL 610087-RO;
FL 610088-RO; FL 610089-RO;
FL 610090-RO; FL 610091-RO
2070 CRESTON L.P., RENT ADMINISTRATOR'S
DOCKET NOS.:
FH 610010-HW; FG 610070-HW;
FG 610073-HW; FG 610076-HW;
FH 610013-HW; FG 610077-HW
PREMISES:
255 East 176th Street
PETITIONER Bronx, New York
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The Commissioner has consolidated these petitions as they
involve common questions of law and fact.
The above-named owner filed timely petitions for administrative
review of orders issued concerning the housing accommodations
relating to the above described docket numbers.
The tenants commenced these proceedings by filing complaints
asserting that the owner had failed to maintain adequate hot
water in the subject apartments.
In its answer, the owner stated that problems with the boiler
were perceived in June and that repair work began in July.
Attached to the answer were repair bills dated July 2, 1991 and
July 11, 1991.
On October 10 and 18, 1991, inspections of the subject apartments
were conducted by D.H.C.R. inspectors who confirmed the existence
of inadequate hot water.
The Rent Administrator directed restoration of adequate hot water
and further ordered reductions of the stabilization rents.
In its petitions for administrative review, the owner requests
reversal of the Rent Administrator's orders alleging that the
problem with the boiler occurred periodically but that the boiler
was never off for a 24 hour period, that the owner was continu-
ously attempting to rectify the situation, that these efforts
culminated in an overhaul of the boiler which was completed on
October 21, 1991, that one DHCR inspection is insufficient basis
for reducing the rents in futuro, and that in Docket No. FH
FL 610086 RO, et al.
610034-HW issued on November 26, 1991, no irregularities were
found and a tenant's application for a rent reduction was
denied. Attached to the owner's petitions are photocopied
documents labelled "Exhibits A, B, C, D and E."
After careful consideration the Commissioner is of the opinion
that these petitions should be denied.
The Commissioner notes that the owner, in its answers acknowl-
edged problems with the boiler and submitted repair bills dated
July 2 and 11, 1991. The owner's answers were dated September 3,
1991, and August 16, 1991. The owner made no subseque t submis-
sions to the Rent Administrator during the pendency of these
proceedings nor do the Rent Administrator's files contain any
owner requests for extensions of time. Although the owner has
attached to its petitions the Cougar Coast Management Co. log for
October 1991, an American Boiler Repair Service bill dated July
13, 1991, and John Moore Boiler Repair bills dated August 23,
1991 and October 31, 1991, the Commissioner notes that none of
these documents were submitted to the Rent Administrator even
though they were in the owner's possession. Accordingly,
pursuant to Section 2529.6 of the Rent Stabilization Code, these
documents may not be considered now when offered for the first
time on administrative appeal.
In regard to Exhibit E (Order No. ZFH 610034-HW) the Commissioner
notes that the application was denied in that docket because
heat (rather than hot water) was not required on the date of the
inspection.
Although the Commissioner, in prior proceedings, h s not vouch-
safed rent reductions in instances where continuous repairs were
under way and the owner was attempting prompt and diligent
efforts to restore services, those cases are distinguishable from
the instant matters. Here, the owner acknowledged the problem in
June and alleges, for the first time on appeal, final repair on
October 21, 1991. In the opinion of the Commissioner four months
without adequate hot water service is too long a period of time
for the owner's repair attempts to be considered prompt and dili
gent.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code,
"A tenant may apply to the DHCR for a reduc-
tion of the legal regulated rent to the level
in effect prior to the most recent guidelines
adjustment, and the DHCR shall so reduce the
rent for the period for which it is found
that t e owner has failed to maintain re-
quired services."
Required services are defined in Section 2520.6(r) to include
adequate hot water.
The Commissioner finds that the Rent Administrator properly based
his determination on the entire record; including the results of
the on-site physical inspections conducted on October 10 and
October 18, 1991, and that pursuant to Section 2523.4(a) of the
FL 610086 RO, et al.
Code, the Rent Administrator was mandated to reduce the rents
upon determining that the owner had failed to maintain adequate
hot water.
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to applications to the Division for
restorations of rents based upon the restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that these petitions be, and the same hereby are,
denied, and that the Rent Administrator's orders be, and the same
hereby are, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|
