GI410256RT
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.: GI410256RT
RENT ADMINISTRATOR'S
DOCKET NO.: GB410129HW
David M. Glasser
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 31, 1992, the above-named petitioner-tenant timely
refiled a petition for administrative review of an order issued on
July 28, 1992, by the Rent Administrator, concerning the housing
accommodation known as 206 Avenue A, New York, N.Y., Apt. 4-A,
wherein the Administrator determined that the applications filed by
several tenants in the subject building for a decrease in rent
based upon the owner's failure to provide heat and hot water should
be denied based upon the tenants' refusal to provide access to DHCR
inspectors during an unannounced inspection on May 13, 1992.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue by the administrative appeal.
The issue herein is whether the Rent Administrator properly
denied the tenants' applications for a decrease in rent.
On appeal, the one petitioner-tenant states, among other
things, that the Rent Administrator erred in issuing the appealed
order because the inspector never contacted him. He also alleges
that the sporadic nature of the heat and hot water in the subject
building was established in separate proceedings before the Housing
Preservation and Development (HPD) agency and in a separate Civil
Court action between the parties. The tenant attached to the
petition a copy of an HPD violation report dated June 19, 1992 and
a copy of a letter sent by four tenants to a Civil Court judge
alleging frequent interruptions in heat and hot water services.
GI410256RT
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
Section 2523.4 of the Rent Stabilization Code provides, in
pertinent part, that a tenant may apply to the DHCR for a reduction
of the legal regulated rent to the level in effect prior to the
most recent guidelines adjustment, and the DHCR shall so reduce the
rent for the period for which it is found that the owner has failed
to maintain required services. Required services are defined in
section 2520.6(r) to include heat and hot water.
The Commissioner has considered but rejects the tenant's
argument that the Rent Administrator erred by issuing the appealed
order of July 28, 1992.
The New York City Housing Maintenance Code requires that a
temperature of at least 68 degrees be maintained whenever the
outside temperature falls below 55 degrees. The Housing
Maintenance Code also requires that hot water be supplied at all
times at a constant minimum temperature of 120 degrees.
A review of the file discloses that the DHCR attempted to
inspect various apartments in the subject building on May 13, 1992,
but was prevented from doing so by the tenants' refusal to provide
access. The inspector did not attempt to visit the petitioner's
apartment.
Due to the serious nature of the conditions alleged and the
inspector's failure to visit the tenant's apartment, the
Commissioner ordered another inspection. An inspector visited the
subject apartment on February 3, 1993 and found that the owner was
adequately maintaining heat and hot water services and had
satisfied the minimum heat and hot water requirements.
Accordingly, there is no basic for a determination that the
owner has failed to maintain required services. The HPD violation
report is contradicted by DHCR's inspections and the Commissioner
deems it appropriate to rely on the most recent inspection which
showed that adequate heat and hot water services were being
maintained.
The letter sent by the tenant to a Civil Court judge is the
self-serving statement of a party to the proceeding and has no
evidentiary value.
GI410256RT
The Commissioner notes that the tenant advised the Division on
February 25, 1993 that he has surrendered the apartment, accepting
the owner's buyout offer.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, 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:
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JOSEPH A. D'AGOSTA
Deputy Commissioner
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