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.: GF210225RO
M LOB RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 16, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 15, 1992. The order concerned housing
accommodations known as Apt A2 located at 1005 45th Street,
Brooklyn, N.Y. The Administrator ordered a rent reduction for
failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on January 24, 1992 by
filing a complaint alleging that the owner failed to provide her
with adequate heat and hot water.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on February
7, 1992 and stated that it was providing adequate heat and hot
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on April 16, 1992 and
revealed that the hot water temperature in the kitchen was 108
degrees and the hot water temperature in the bathroom were 107
degrees. The inspector also reported that the inside temperature
in the apartment was 74 degrees.
The Administrator issued the order here under review on May
15, 1992 and ordered a rent reduction of an amount equal to the
most recent guideline adjustment based on the inspector's report of
inadequate hot water temperature.
On appeal the owner states that the inspector made a mistake
in reading the hot water temperature. The petition was served on
the tenant on December 4, 1992.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the inspection was conducted in
response to the tenant's complaint, and the report was prepared by
a rent agency employee who is not a party to the proceeding nor an
adversary. The Commissioner is of the opinion that it was
appropriate for the Administrator to rely on the results of the
inspection as they relate to the proceeding, in determining the
outcome of this case. Accordingly, the report of the inspector,
placed in the record for consideration by the Administrator below
was properly accorded substantial weight and the results of that
inspection which have been previously set out in this order and
opinion support a finding of inadequate hot water.
Pursuant to Section 2523.4 of the Rent Stabilization Code a
tenant may apply to the DHCR for a rent reduction based on the
failure to maintain services and the Administrator shall reduce the
rent based on a finding of failure to maintain required services.
Pursuant to the Code, the owner is required to provide adequate
heat and hot water. The Commissioner finds that the Administrator
based this determination on the entire record including the results
of the on-site physical inspection described above. The order here
under review was issued correctly and must be affirmed.
The Commissioner notes that the owner has filed for rent
restoration and that this application is currently pending before
the DHCR (Docket No. GG210153OR).
THEREFORE, pursuant to the Rent Stabilization Law and Code it
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.
JOSEPH A. D'AGOSTA