GE620180RT
                                  STATE OF NEW YORK
                      DIVISION OF HOUSING AND COMMUNITY RENEWAL
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                                  JAMAICA, NY 11433





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          IN THE MATTER OF THE ADMINISTRATIVE          ADMINISTRATIVE REVIEW
          APPEAL OF                                    DOCKET NO.: GE620180RT

                    Willie Diament,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.: GA620067HW
                                   PETITIONER
          ------------------------------------x

            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 












          GE620180RT

          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, 
          affirmed. 

              


          ISSUED:






                                                                     
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner  
    

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