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.:FB610275RO
(Refile of FA620202RO)
Adbar Realty Co., RENT ADMINISTRATOR'S
3021 Holland Avenue
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled and perfected a timely petition for
administrative review of an order issued on January 9, 1991
concerning the housing accommodations relating to the above-
described docket number.
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 on October 11, 1990 by filing
a complaint asserting that the owner had failed to maintain adequate
heat and hot water services in the subject apartment.
In answer, the owner denied in substance the allegations of the
On December 26, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who reported that heat temperature
was inadequate (64@F inside the living room, the kitchen and the
bathroom; 36@F outside); but the hot water temperature was adequate.
By an order dated January 9, 1991, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the
inspection report was incorrect; that a copy of its own fuel
printout showed that on the date of inspection, the lowest
temperature was 69@F and the outside temperature was 36@F (the same
as the order appealed from).
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been a
reduction in services. The owner's petition does not establish any
basis to modify or revoke the Administrator's determination based on
the December 26, 1990 inspection which confirmed that the heat
temperature in the subject apartment was inadequate (64@F inside the
living room, the kitchen and the bathroom; 36@F outside), a
defective condition warranting a rent reduction.
The Commissioner finds the owner-submitted copy of a fuel printout
as insufficient evidence to disturb the Administrator's order based
on the inspection. Moreover, this submission is beyond the scope of
review which is limited to the issues and evidence before the
The owner's rent restoration application (FA620156OR) was granted on
July 1, 1991. Another application (FF620349OR) was determined to be
a duplicate on August 28, 1991.
THEREFORE, in accordance with the Rent and Eviction Regulations and
Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA