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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.:
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GIOVANNA OLIVERI,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER GB110014HW
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely refiled a petition for administrative
review of an order issued concerning the housing accommodation
known as 30-83 44th Street, Astoria, New York, Apartment 3-R,
wherein the Administrator ordered a rent reduction based on a
finding of a decrease in services.
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 the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter an inspection of the subject apartment was conducted by
a D.H.C.R. inspector who confirmed the existence of the following
defective condition:
Failure to provide adequate heat.
The Rent Administrator directed restoration of this service and
further ordered, a reduction of the stabilization rent.
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In its petition for administrative review, the owner states, in
substance, that the reason for no heat was, the boiler was being
repaired on the day of inspection. Attached thereto is a letter
from the owner's boiler service company, stating that the boiler
was being repaired on the day the building was without heat.
The DHCR served a copy of the petition on the tenant on July 7,
1992. The tenant answered, and stated that she has had problems
with the heat in her apartment for 17 years and she was not aware
of any repairs to the boiler.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection confirming the existence of defective condi-
tions in the subject apartment for which a rent reduction is
warranted.
The Division's records reveal that the owner had filed a rent
restoration application which is still pending.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Emergency Tenant Protection Act of 1974, it is,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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