Opinion
May 10, 1990
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
The agency's inspection of the premises failed to provide objective evidence supporting petitioners tenants' administrative complaints of inadequate heat and/or hot water. Moreover, respondent landlord established that although the provision of heat had been interrupted on seven dates in the relevant one-month period, this was caused by the necessity of servicing and adjusting newly installed boiler equipment, which, on each occasion, was promptly attended to by landlord's contractor. Thus there was rational basis for the agency to conclude that landlord had not failed to maintain the required services in such a way that a reduction in rent was warranted. (Fresh Meadows Assocs. v Conciliation Appeals Bd., 88 Misc.2d 1003, affd 55 A.D.2d 559, affd 42 N.Y.2d 925.) We have examined petitioners' other contentions and find them to be without merit.
Concur — Sullivan, J.P., Carro, Milonas, Rosenberger and Smith, JJ.