GC 230129 RO
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.: GC 230129 RO
ROBERT AKLLAN MUIR, JR. AS DISTRICT RENT
REPRESENTATIVE FOR WALTER CUNEO ADMINISTRATOR'S DOCKET
NO.: FH 230049 HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 24, 1992 the above named petitioner-owner's
representative filed a Petition for Administrative Review against
an order of the Rent Administrator issued February 21, 1992. The
order concerned housing accommodations known as Apt. 3F located at
123 8th Avenue, Brooklyn, N.Y. The Administrator ordered a rent
reduction for failure to maintain adequate hot water.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
This proceeding was commenced when 8 tenants of 123 and 123A
Eighth Avenue, Brooklyn, N.Y. filed a Statement of Complaint of
Decrease in Building-Wide Services on August 9, 1991 wherein they
alleged, inter alia, that there was no hot water provided on
various specified dates.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner did not file a response.
The Administrator ordered a physical inspection of the
apartments in the building. Prior to said inspection, 3 of the
complaining tenants contacted the Administrator and stated that
adequate hot water was being provided and that they wished to
discontinue the complaint. The inspection was conducted on January
6, 1992. The inspector gained access to Apartment 3F and
determined that the hot water temperature in the kitchen was 98
degrees and the hot water temperature in the bathroom was 100
The Administrator issued the order here under review on
February 21, 1992 and ordered a rent reduction for Apartment 3F
only. The reduction was equal to the amount of the most recent
GC 230129 RO
guideline adjustment based on the report of the inspector. Since
the other tenants failed to keep their scheduled appointments, no
rent reduction was ordered for them.
On appeal the owner's representative states that the
deficiency in the hot water provided to the tenant has been
remedied shortly after the inspection. A sworn statement from the
tenant, dated March 10, 1992, and attesting to the fact that hot
water has been restored was annexed to the petition.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
Pursuant to 9 NYCRR 2523.4 (a) a tenant may apply to the DHCR
for a rent reduction and the rent shall be reduced upon a finding
that the owner has failed to provide required services. The
providing of adequate heat and hot water is defined as a required
service. The Commissioner finds that the Administrator properly
based this determination on the entire record, including the
results of the on-site physical inspection conducted on January 6,
1992. Pursuant to the Rent Stabilization Code, the Administrator
was mandated to reduce the rent upon determining that the owner had
failed to provide required services.
With regard to the owner's representative's assertion, and the
tenant's supporting affidavit to the effect that services have been
restored, numerous prior orders of the Commissioner have held that
the proper course for the owner to take is to file an application
for rent restoration with DHCR. The tenant cannot withdraw her
complaint subsequent to the issuance of the Administrator's order.
Since the Administrator was correct in issuing the order here under
review, that order is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner