GC 610127 RO
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.: GC 610127 RO
NAIM REALTY CORP. DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FL 610024 HW
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 19, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued March 3, 1992. The order concerned housing
accommodations known as Apt 2B located at 2505 University Avenue,
Bronx, N.Y. The Administrator ordered a rent reduction for failure
to maintain adequate heat and hot water.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on December 4, 1991 by
filing an Application to Reduce Rent Based on Failure to Maintain
Heat and/or Hot Water wherein she alleged that adequate heat had
not been provided on November 13, 1991 and December 4, 1991.
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 subject
apartment. The inspection was conducted on February 11, 1992 and
revealed that the temperature in the apartment was 66 degrees and
that the hot water temperature was 112 degrees.
The Administrator issued the order here under review on March
3, 1992 and ordered a rent reduction equal to the most recent
guideline adjustment based on the report of the DHCR inspector.
On appeal the owner states that the boiler was temporarily
inoperative and the heat and hot water was restored the evening of
the inspection. The tenant filed a response on April 9, 1992
wherein she stated that the owner had not provided heat or hot
water during the winter.
GC 610127 RO
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the scope of review in an
administrative appeal is limited to facts or evidence submitted
before the Rent Administrator unless it is established that certain
facts or evidence could not have been raised below. The owner did
not respond to the complaint in this proceeding although given the
proper opportunity to do so.
Pursuant to 9 NYCRR 2523.4 (a) a tenant may apply for a
reduction in the legal regulated rent and the DHCR shall so reduce
the rent for the period for which it is found that the owner failed
to maintain required services. Required services are defined to
include the providing of adequate heat and hot water.
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 February 11, 1992.
Pursuant to the Rent Stabilization Code, the Administrator was
mandated to reduce the rent upon determining that the owner had
failed to provide services. The order here under review is
affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code
it is
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.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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