Adm. Review Docket No.: FF 510076-RO
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FF 510076 RO
DUNBAR PARTNERS, DRO DOCKET NO.: FA 510150 HW
SUBJECT PREMISES:
PETITIONER 246 West 150th St., Apt. No. 4C,
------------------------------------X New York, N.Y. 10039
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING ADMINISTRATOR'S ORDER
On January 22, 1991, the above-named owner filed a petition for
administrative review of an order issued on May 8, 1991 concerning
the housing accommodations relating to the above-described docket
number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issue raised by the petition.
On January 22, 1991, the tenant commenced this proceeding by filing
a complaint asserting that the owner had failed to provide and
maintain heat and/or hot water in the subject apartment.
Although the owner was notified to respond to the tenant's complaint
on February 11, 1991, the owner failed to do so.
Thereafter on March 14, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed that the hot
water temperature in the kitchen and bathroom was inadequate.
The Administrator directed on May 8, 1991 the restoration of these
services.
In this petition, the owner states in substance that it received
late the tenant's complaint but that it "restored the hot water
temperature by 10:00 A.M., Monday March 18, 1991." The owner
submitted a job work order to the effect.
After careful consideration, the Commissioner is of the opinion that
the petition should be granted and the Administrator's order
revoked.
The owner's petition clearly showed that the inadequate hot water
temperature in the subject apartment was repaired within five days
of the March 14, 1991 inspection and that said repairs were
completed almost two months prior the issuance of the order appealed
from. It is noted that the owner alleged late receipt of the
tenant's complaint; that this problem appears to be isolated and
temporary; and that the tenant, though notified to do so, did not
contest the owner's petition.
Adm. Review Docket No.: FF 510076-RO
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition for administrative review be, and the
same hereby is, granted and that the order of the Administrator be,
and the same hereby, is revoked.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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