GA 110221 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
S. CHERPELIS DOCKET NO.:
c/o GALLAN AGENCY, FK 110034-HW
36-03 191ST Street
PETITIONER Apt. 4-B, Flushing, NY
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 accommodation
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 by filing a complaint
asserting that the owner had failed to maintain adequate heat and
hot water in the subject apartment.
The owner did not interpose an answer to the tenant's complaint
although afforded the opportunity to do so.
Thereafter an inspection of the subject premises was conducted by
a DHCR inspector who confirmed that heat and hot water were
The Rent Administrator directed restoration of these services
and further ordered, a reduction of the stabilization rent.
In its petition for administrative review, the owner states that
hot water is erratic due to three illegal washing machines, that
a new hot water heater has been installed, and that three other
tenants stated that heat and hot water is adequate. Attached to
the petition are five photocopied pages.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that none of the documents attached to the
owner's petition were submitted while this proceeding was before
the Rent Administrator. Moreover, the owner did not interpose an
answer to the tenant's complaint. Accordingly, pursuant to
GA 110221 RO
Section 2529.6 of the Rent Stabilization Code, these documents
may not be considered now when offered for the first time on
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to an application to the Division for
a restoration of rent based upon a restoration of services.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner