STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
------------------------------------x SJR 7162
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: HF110185RO
Peru Leasing Company,
DOCKET NO.: HC110074HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on May 27, 1993, concerning the housing
accommodations known as 97-11 Horace Harding Expressway, Apt. 6C,
Queens, New York, wherein the Rent Administrator determined the
tenant's complaint of decreased services.
Subsequent hereto, the owner filed a petition in the Supreme Court
pursuant to Article 78 of the Civil Practice Law and Rules, in the
nature of "deemed denial", seeking judicial review. The parties
stipulated to remit the proceedings to the DHCR to enable the
Commissioner to render an expeditious determination on the owner's
petition for administrative review.
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 this proceeding by filing a complaint
asserting that the owner had failed to maintain adequate heat and
hot water services in the subject apartment.
In an answer the owner asserted that all required repairs had been
completed and submitted a work ticket signed by the tenant.
Thereafter, the DHCR conducted an inspection of the subject
apartment. The DHCR inspector reported that hot water was
adequate, but that there was no need for heat at time of inspection
as the outside temperature was 60@F.
The Rent Administrator dismissed the tenant's application as to the
hot water complaint. The order stated, however, that it was not
dispositive as to the heat complaint, which would be assigned a new
docket number and processed during subsequent heating season upon
notice to the parties of the new docket number to be assigned to
the heat complaint only.
In the petition for administrative review, the owner argues that
holding the heat complaint open until the subsequent heating season
denies the owner due process and timely resolution of the tenant's
complaint, deprives the owner the opportunity to make timely
repairs, and goes beyond the Rent Administrator's authority
intended by the Rent Stabilization Code.
After careful consideration the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2527.5 (k) of the Rent Stabilization Code, the
DHCR may sever issues within a proceeding for the purpose of
issuing an order and determination with respect to certain issues,
while reserving other issues for subsequent determination.
The Division normally segregates the tenants' heat and hot water
complaints for separate processing from other complaints. An
extension of this practice to permit separate prompt processing of
the hot water complaint while retaining the heat complaint, until
weather conditions permit proper investigation and determination,
does not violate the owner's due process rights. Moveover, the
owner's concern of lack of notice has been addressed by the Rent
Administrator, as the order specified that the parties will be
notified of the new docket number to be assigned for processing the
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
order and opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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