DOCKET NO.: ARL 09520 K
                                 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

         -------------------------------------X
         IN THE MATTER OF THE ADMINISTRATIVE        ADMINISTRATIVE REVIEW  
         APPEAL OF                                  DOCKET NO.: ARL 09520-K

                   WISCONSIN LEASING COMPANY,       D.R.O. NO.: 
                                                    ZKCS-000319-B
                                                 
                                  PETITIONER
         ------------------------------------X

           ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

         On April 18, 1989, the above-named petition-owner filed a Petition 
         for Administrative Review against an order issued on March 26, 
         1986, by the Rent Administrator, Gertz Plaza, 92-31 Union Hall 
         Street, Jamaica, New York, concerning housing accommodations known 
         as Apartment 3F at 1201 Ocean Parkway, Brooklyn, New York wherein 
         the Rent Administrator determined that the owner had to restore a 
         service to the required level by correcting a "locked entrance for 
         the handicapped."

          The issue in this appeal is whether the owner has been properly 
         informed of the service he was directed to restore by the Rent 
         Administrator.

         The applicable sections of the Rent Stabilization Code are Sections 
         2520.6(r) and 2523.4.

         The Commissioner has reviewed all of the evidence in the record and 
         has carefully considered that portion of the record relevant to the 
         issues raised by the administrative appeal.

         One tenant commenced this proceeding by filing a complaint alleging 
         that the owner had failed to maintain numerous building-wide 
         services including the allegation that the "egress-side entrance 
         used by Senior. Citizens, infants in carriages and the handicapped 
         was closed since 9/84."  Thirty-one other tenants joined in the 
         complaint.

         The tenant requested a rent reduction based upon the decrease in
         services.

         In answer to the complaint, the owner did not deny the allegation 
         regarding the side entrance being locked since September, 1984.















          DOCKET NO.: ARL 09520 K



         In Order Number ZKCS 000319-B, the Rent Administrator determined 
         that the owner was required to restore the service to the required 
         level by correcting the "locked entrance for the handicapped," 
         however the rent reduction was denied without prejudice to the 
         tenant seeking damages in a court of competent jurisdiction.  The 
         order was based on a physical inspection on February 6, 1986 which 
         revealed that the "entrance for the handicapped is locked."

         In this petition, the owner contends that the Rent Administrator's 
         Order is incorrect and should be modified because the building has 
         no specific entrance for handicapped, all entrances to the building 
         are existing entrances which are locked of unlocked as the law 
         requires and the owner is unable to determine what "1. locked 
         entrance for the handicapped" means.

         The Commissioner is of the opinion that this petition should be 
         denied for the following reasons.

         As stated above, the tenant in his complaint stated in item number 
         "7" that "egress-side entrance used by Senior Citizens, infants in 
         carriages and the handicapped was closed since September 1984."  
         This complaint was joined in by thirty-one other tenants.  The 
         owner while answering all the other allegations of the tenant 
         failed to respond to the complaint by the tenant regarding the 
         closed side entrance.  The Rent Administrator's order dated March 
         26, 1986 must be read together with the tenant's written complaint 
         which the owner was directed by the Administrator to restore to the 
         tenants' use was clearly the same side entrance referred to in the 
         tenant's complaint. The owner was directed to restore the use of 
         the side entrance to the tenants.  There is no confusion as to the 
         meaning of the order or what the owner was directed to do.

         THEREFORE, in accordance with the Rent Stabilization Law and Code, 
         it is

         ORDERED, this petition be, and the same hereby is, denied and the 
         Rent Administrator's order be, and the same hereby is affirmed in 
         accordance with the above.

         ISSUED:
                                                                           
                                            Joseph D'Agosta
                                            Acting Deputy Commissioner


    

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