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.: GG230040RO
Monck's Realty Ltd., RENT ADMINISTRATOR'S
DOCKET NO.: FG230263OR
PETITIONER PREMISES: 11 Maple St.
various apts.
Brooklyn, NY
-----------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on June 5, 1992 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 this administrative appeal.
The owner commenced this proceeding by filing an application to
restore rent based on the restoration of services. The rent was
previously reduced in various apartments by an order (EJ230062HW)
issued on March 26, 1991.
In answer, various tenants asserted in substance that the hot water
services continued to be inadequate.
On April 6 and 7, 1992, on-site inspections were conducted by a DHCR
staff member who confirmed that there were inadequate hot water
services (kitchen and/or bathroom) in Apts. 7B, 10A, 10C, 5E, 9E,
10E, 2F, 3F, 4F, 5F, 8F and 9F. The inspector further reported that
access was not made in Apts. 2A, 2E and 1D; that the hot water
temperature was adequate in Apts. 9A, C5, D10 and E1.
By order dated June 5, 1992, the Administrator granted rent
restoration for Apts. 2A, 2E and 1D which failed to provide access
to the DHCR inspector and for Apts. 9A, C5, D10 and E1 which
revealed adequate hot water services. The Administrator denied the
owner's rent restoration application as to Apts. 7B, 10A, 10C, 5E,
9E, 10E, 2F, 3F, 4F, 5F, 8F and 9F based on the inspections' finding
of inadequate hot water services (kitchen and/or bathroom).
GG230040RO
In the petition for administrative review, the owner contends in
substance that the boiler in the building has always been working
well and supplying hot water to the tenants.
In answer, various tenants state that there were times, like four
(4) days in the month prior to filing the answer, when hot water was
not provided.
The owner replied that the times when the boiler was shut down for
maintenance, repairs and overhaul were "not excessive."
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
In the instant case, 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 April 6 and 7, 1992 inspections which found inadequate hot
water services (kitchen and/or bathroom) in Apts. 7B, 10A, 10C, 5E,
9E, 10E, 2F, 3F, 4F, 5F, 8F and 9F, warranting a continued rent
reduction as to these apartments.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Rent and Eviction Regulations, 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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
