ADM. REVIEW DOCKET NO.: GH210198RT
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.:
GH210198RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
EE210188S
REJIL SOLIS
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
REVOKING ADMINISTRATOR'S ORDER AND REMANDING PROCEEDINGS
FOR FURTHER CONSIDERATION
On August 13, 1992, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on July 14,
1992, by the Rent Administrator, concerning the housing
accommodation known as 280 Cooper Street, Apartment 1F, Brooklyn,
New York, wherein the Administrator determined the tenant's
complaint that the owner failed to provide heat and hot water.
The Administrator denied the tenant's request for relief and
terminated the proceedings based on a finding that the tenant had
failed to respond to the Administrator's request to the tenant,
dated May 11, 1992 to comment on the owner's answer to the
complaint.
ADM. REVIEW DOCKET NO.: GH210198RT
On appeal, the tenant points out that on May 20, 1992 the
tenant had, in fact, filed timely comments as requested. The DHCR
received the reply on May 22, 1992, but it did not reach the case
docket until after the date of the Administrator's order.
A copy of the tenant's appeal was served on the owner on
October 2, 1992. The owner responded that the tenant's heat and
hot water is provided by a water heater unit under the kitchen
sink.
In the complaint below, the tenant claimed that there were no
heaters in the apartment and that the tenant paid the utility bill
for a small hot water heater. The owner responded that the
"...apartments were rented as self sufficient. Heat and hot water
are not included...". The owner submitted a document, denominated
an attachment to the lease, reflecting similar language.
The tenant's May 20, 1992 response to the Administrator's
request for comments pointed out that his copy of the lease
attachment did not contain language to the effect that the
apartments were self sufficient and that heat and hot water were
not included; that on May 29, 1991 the tenant had won a judgment
against the owner for failure to supply heat; and that on November
7, 1990 the owner had received a notice of violation for inadequate
heat in the apartment. The tenant submitted copies of these
documents in support.
The tenant also included a copy of a report of DHCR
inspections conducted on April 17 and April 25, 1990 in connection
with proceedings per Docket No. EA210144HW. Therein, the
Administrator, based on the inspector's report, found that the hot
water was adequate but that no determination could be made as to
the heat complaint because the outside temperature was 55 degrees
F.. The Administrator noted that the owner remained obligated to
provide and maintain heat in accordance with the City Housing
Maintenance Code. There is no record of an administrative appeal
by either party. Consequently, the determination became final and
can no longer be appealed.
In light of the irregularity, in that the tenant's answer
below was not considered, the Administrator's order is revoked and
the proceedings are remanded to the Administrator to process the
tenant's complaint of lack of heat and hot water services. On
remand, the Administrator shall also ascertain whether the tenant
properly incurs the charges for either or both heat and hot water
or whether they are required services the owner must provide to the
tenant at no additional cost to the tenant.
In addition to the record to date, at the Administrator's
discretion, an inspection may be conducted, and the parties may be
ADM. REVIEW DOCKET NO.: GH210198RT
provided the opportunity to submit additional evidence and to
comment thereon.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that the tenant's petition hereby is granted, that
the Rent Administrator's order terminating the proceedings is
revoked, and that proceedings be reopened and remanded to the
Administrator for further consideration.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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