ARL-11420-Q
                                
                        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 NO.: ARL 11420 Q

     FRANK MITTL                        DISTRICT RENT
                                        ADMINISTRATOR'S DOCKET
NO.: QC 000411-B
                        PETITIONER
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  ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
            AND REVOKING RENT ADMINISTRATOR'S ORDER

     The above named petitioner-owner filed a timely Petition for
Administrative Review against an order of the rent  Administrator
issued   October   1,   1985.    The  order   concerned   housing
accommodations known as apartments 1B, 1C, 2A, 3D and 4C  located
at   37-18  72nd  Street,  Jackson  Heights,  N.Y.  wherein   the
Administrator ordered a retroactive rent reduction for failure to
maintain required or essential services.

      The  Commissioner  has reviewed the  record  and  carefully
considered  that portion relevant to the issues  raised  by  this
appeal.

The  tenants commenced this proceeding on February 17,  1984,  by
filing a complaint alleging a diminution in required or essential
services building wide.  This complaint was filed with the former
Conciliation and Appeals Board.  The tenants stated, inter  alia,
that there was no superintendent in the building, that there were
insufficient  barrels  to hold garbage and  that  there  were  no
hallway lights during the day.  The complaint was served  on  the
owner and an opportunity was given to respond thereto.

     A physical inspection of the premises was conducted on March
21, 1984 and revealed the following:

          1.   Failure to repair lights on outside of building
          
          2.   Stairway lights off during day
          3.   Garbage cans do not have covers
          
          4.   Front door lock not working.
          
      The Administrator issued Order No CDR 01269 on December 17,
1984.   A  rent  reduction was ordered for  all  rent  stabilized
tenants.  Although rent controlled tenants joined in the original
complaint,  they  were  not  included  in  the  order.   Instead,
separate orders, bearing the docket number set forth above,  were
issued on October 1, 1985.  These orders reduced the rent of all
five  rent  controlled  tenants, by $4.00  per  month,  effective
December 17, 1984.

     In the petition for administrative review, the owner asserts
in substance that a rent reduction is not warranted

      After  careful consideration of the evidence in the record,
the  Commissioner is of the opinion that the petition  should  be
granted.

      When the tenant's complaint was filed in February 1984 with
the  former Conciliation and Appeals Board (CAB), that agency did
not have jurisdiction to adjudicate the rights of rent controlled
tenants.   The  owner,  therefore, had  no  notice  that  a  rent
reduction  for rent controlled tenants was a possible consequence
of  this complaint.  Accordingly, the Commissioner finds that the
order  reducing  the  rent  for rent  controlled  tenants  was  a
violation of due process and must be revoked.

       Moreover,   Section  2202.2  of  the  Rent  and   Eviction
Regulations  provides that "No order increasing or  decreasing  a
maximum rent... shall be effective prior to the date on which the
order is issued..."  The order appealed herein was issued October
1,  1985  but  reduced the rent effective December 17,  1984,  in
violation of Section 2202.2.

      Finally,  the Divisions's records reveal that  the  owner's
rent  restoration application was granted in an order  issued  on
November  6,  1985 effective February 1, 1985, establishing  that
the  conditions  for  which the rent was reduced  were  corrected
before the order appealed herein was even issued.

      For  all the foregoing reasons the rent reduction for  rent
controlled tenants was improper.

      If  the owner has already complied with the Administrator's
order   and  arrears  are  due  and  owing  by  reason  of   this
determination of the Commissioner, the tenants may pay  off  said
arrears  in  twelve (12) equal monthly installments.  Should  the
tenants vacate their apartments, or have previously vacated,  the
arrears are due and payable immediately.

     THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City it is

      ORDERED,  that  this petition be, and the same  hereby  is,
granted and that the Rent Administrator's order be, and the  same
hereby is, revoked.

ISSUED:

                                   JOSEPH A. D'AGOSTA
                                   Acting Deputy Commissioner



    

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