GF610165RO
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.: GF610165RO
RENT ADMINISTRATOR'S
DOCKET NO.: GB610119HW
Zenith Associates,
PETITIONER
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 124 East 176th Street, Bronx, New York.
Apartment 7J.
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 on
February 28, 1992, asserting that the owner had failed to provide
adequate heat and hot water services in the subject apartment.
On March 9, 1992, the tenant advised that heat and hot water
services wee still not being maintained.
On March 18, 1992, the owner answered and stated that the
boiler was temporarily shut down on January 31, 1992 to repair a
leak. A copy of an invoice confirming repairs on that day was
submitted.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R. inspector on April 27, 1992, who confirmed
the existence of the following defective conditions: no hot water
in the kitchen and that due to an outside temperature of 63@F, heat
was not required. The inspector found, however, that the owner was
providing hot water (120@) services in the bathroom.
The Rent Administrator directed restoration of these services
and further ordered a reduction of the Stabilization rent.
GF610165RO
In its petition for administrative review, the owner states,
in substance, that there was a temporary boiler problem causing a
temporary interruption in hot-water services but that the problem
was repaired.
In answer to the petition the tenant states in relevant part
that there has been a problem with hot water in the kitchen since
the tenant first took occupancy in 1986 and that the owner is aware
of the problem but has not made the necessary repairs.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The Commissioner notes that the owner asserted in answer to
the complaint that there was a temporary problem with the boiler
that was repaired on January 31, 1992. The inspection revealed
otherwise and the owner did not submit any additional evidence to
the Administrator regarding the need for subsequent repairs that
may have been required during the several month that this
proceeding was pending.
Pursuant to Section 2523.4 of the Rent Stabilization Code, the
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 conditions in the subject apartment for which a rent
reduction is warranted.
The Division's records show that the owner filed an
application for restoration of rent under docket number GF610120OR.
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
|
