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.: GE620180RT
DOCKET NO.: GA620067HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 185 East 206 Street, Apartment 4D, Bronx,
New York, wherein the tenant's complaint was denied based on a
finding that heat was provided and hot water service was adequate.
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 the proceeding below by filing a complaint on
January 8, 1992 asserting that the owner had failed to maintain the
heat and hot water services in the subject apartment.
In an answer, the owner asserted that all required repairs had been
or will be completed and that once problems were uncovered
regarding the boiler, they were immediately corrected by the next
business day. The owner further states that at a new boiler will
be installed in late spring or early summer.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on March 23, 1992, which revealed that heat and
hot water services were adequate.
In its petition for administrative review, the tenant states, in
substance, that due to a snowfall, the inspection of March 19, 1992
was postponed to March 23, 1992. On March 19, the water was cold,
however on the 23rd it was hot. The tenant further states that
there were numerous days that there was no hot water service.
The DHCR served a copy of the petition on the owner on June 2,
1992. The owner answered that hot water is provided on a continual
basis and if there is a problem with the boiler or oil burner, it
is resolved within a few hours.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulation, a
rent reduction is authorized where there has been a decrease in
essential services which are defined in Section 2200.3 to include
repairs, maintenance, janitorial services, and heat and hot water
services. The tenant's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that a rent reduction was not warranted.
Accordingly, the Commissioner finds that the Administrator properly
determined that the owner had not failed to provide required
services based on the evidence of record, including the on-site
physical inspection of the subject apartment on March 23, 1992 and
properly determined that a rent reduction was not warranted.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, 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,
JOSEPH A. D'AGOSTA