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.: FE410153RT
ALLEN BATCHELOR, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: FB410097HW
PETITIONER PREMISES: 135 East 50th. St.
Apt. No. 8B
New York, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued on April 12, 1991 concerning the housing
accommodations relating to the above-described docket number.
The issue in this appeal is whether the Administrator's order was
correct.
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 this administrative appeal.
This proceeding was commenced on February 2, 1991 by the tenant
filing a complaint which asserts that there is a continuous lack of
heat and hot water; and that if there is hot water, it burns the
skin.
On March 4, 1991, DHCR transmitted a copy of the tenant's complaint
to the owner.
On March 11, 1991, the tenant filed a statement that the owner has
continued to fail to maintain heat and hot water services.
On March 21, 1991, DHCR mailed to the tenant a Notice of Inspection
informing the tenant about a scheduled inspection.
FE410153RT
An on-site inspection on April 2, 1991 was conducted by a DHCR staff
member who reported that heat is being provided in the subject
apartment (outside temperature upper 40's degrees F, inside
temperature 71 degrees F); that the hot water temperature in the
bathroom is 130 degrees F, the hot water temperature in the kitchen
is 132 degrees F; and that at the time of inspection, there was no
evidence of scalding hot water temperature in the shower or tub.
On April 12, 1991, the Administrator terminated the proceeding based
on no evidence of scalding hot water.
In this petition, the tenant contends that there is no inspection on
April 2, 1991, and that the Administator's order does not address
the lack of hot water which was part of the complaint. The tenant
submits a copy of a NYC Department of Housing and Preservation
Development Certificate of Inspection Visits to show that there was
no inspection on April 2, 1991, and copies of tenants' statements
alleging that their showers emit scalding hot water temperatures
every morning.
On June 10, 1991, DHCR mailed a copy of the tenant's petition to the
owner.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The record clearly shows that an on site inspection of the subject
apartment was conducted on April 2, 1991. The Administrator's
determination was based on this inspection by a DHCR staff member
who confirmed the existence of adequate heat and hot water services.
The determination was in all respects proper and is hereby
sustained.
The copy of a NYC Department of Housing and Preservation Development
Certificate of Inspection Visits showing no inspection on April 2,
1991 has no bearing and is irrelevant to this proceeding based on a
DHCR staff inspection which determined that heat and hot water were
adequate.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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