EJ110060RT
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 NOS.: EJ110060RT
ERVING H. ADLER
RENT
ADMINISTRATOR'S DOCKET
NO.: DL130072OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 2, 1990 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued October 20, 1989. The order concerned housing
accommodations known as Apt. A3N located at 117-01A Park Lane
South. The Administrator granted the owner's rent restoration
application.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on January 22, 1990 by
filing an application for rent restoration wherein it alleged that
it had restored services for which a rent reduction order bearing
Docket No. DF130062HW was issued. The Commissioner notes that the
rent was reduced based on a finding of failure to provide adequate
hot water.
The tenants were served with copies of the application and
afforded an opportunity to respond. The owner filed a response on
February 13, 1990 and stated that the hot water system remained
erratic and that, therefore, the application should be denied.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on July 27, 1990 with the
inspector reporting that the hot water service was adequate.
The Administrator issued the order here under review on August
29, 1990 and granted the application based on the inspector's
report.
EJ110060RT
On appeal the tenant states that the order here under review
should be revoked because the water temperature is subject to
extreme variation. The petition was served on the owner on October
15, 1990. The owner filed a response and stated that the petition
should be denied.
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 order here under reviewed was
affirmed in Docket No. EJ110023RT. In that proceeding, the
petitioner-tenant challenged the order on similar grounds to that
used by the petitioner in the proceeding herein. The Commissioner
rejected those grounds, finding that the on-site physical
inspection was dispositive of the issue of whether or not the owner
had restored services. The tenant's petition must be denied.
The Commissioner notes that the Administrator's orders
granting or denying a rent reduction based on a finding of failure
to maintain adequate hot water was revoked by the Commissioner in
Docket No. DK130150RO.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations it is
ORDERED, that the owner's 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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