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.: GH110113RT
DISTRICT RENT ADMINISTRATOR'S
Eleanor Freeman, DOCKET NO.: GC110019S
PETITIONER PREMISES: 137-40 45th Ave.
Apt. 5B
Flushing, New York
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued on July 27, 1992 concerning the housing
accommodations relating to the above-described docket number.
The issue in this appeal is whether the Administrator's order was
warranted.
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.
This proceeding was commenced on March 3, 1992 by the tenant filing
a complaint asserting that gas (included in her rent) was shut off
for a month since February 7, 1992; she was not able to cook at that
time; and the front right window in the master bedroom could not
remain opened unless held open.
In answer, the owner asserted that on February 7, 1992, a fire from
the kitchen stove of Apt. 6B caused the gas of the entire "B" line
of apartments to be turned off; repairs were completed on February
13, 1992 restoring gas service to all "B" line apartments as
indicated by an attached copy of a plumber's invoice; a NYC plumbing
inspector approved the repairs on March 5, 1992; the delay in
restoring service was due to the NYC plumbing inspector's late
approval; and that the window was repaired.
GH110113RT
On June 25, 1992, the tenant called DHCR to withdraw the complaint.
However, the tenant filed on July 10, 1992 a statement asserting
that the complaint had not been resolved; she was without gas for
March 1992; her rent which included gas service was fully paid for
that month; and there should be a rent reduction.
By an order dated July 27, 1992, the Administrator denied the
tenant's application for rent reduction based on decreased services,
based on the tenant's advice that gas service was restored. The
Administrator recommended the tenant pursue her request for
reimbursement in a court of competent jurisdiction.
In the petition for administrative review, the tenant contends that
she was without gas from February 7, 1992 through March 4, 1992; she
and her son had to eat out; she paid the month's rent which included
gas; and she should have a rent reduction.
DHCR mailed a copy of the tenant's petition to the owner.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Based on the evidence in the record, the Administrator properly
denied the tenant's application. The tenant concedes that gas
service was restored. Accordingly, the Administrator properly
suggested the tenant pursue her request for reimbursement in a court
of competent jurisdiction.
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 Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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