BJ210074RT

                                  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.: BJ210074RT
                               
                  GLORIS DEBRO                       RENT ADMINISTRATOR'S
                                                     DOCKET NO.: AC210075OR

                                  PETITIONER
          -----------------------------------x

          ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
          AND MODIFYING RENT RESTORATION ORDER

          On October 2, 1987, the above-named petitioner-tenant filed a 
          petition for administrative review of an order issued on August 25, 
          1987, by the Rent Administrator, concerning the housing 
          accommodation known as Apt. #F5, 178 Ocean Parkway, Brooklyn, New 
          York wherein the Administrator granted the owner's rent restoration 
          application.

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

          A review of the record reveals that the owner filed an application 
          to restore rent on March 31, 1986 in which it was stated that all 
          services for which a rent reduction had been ordered in Docket No. 
          KO00830S had been restored.  Specifically, the rent had been 
          reduced for leak-damaged living room ceiling and walls, and an 
          inoperative intercom.

          The application was sent to the tenant on May 1, 1986.  The tenant 
          advised on January 29, 1987 that the roof was repaired in November 
          1986 and the tenant enclosed a copy of a contract describing 
          repairs done to the roof on November 20, 1986.  The tenant 
          submitted a copy of a letter that had been sent to the Division on 
          December 1, 1986 explaining that the tenant experienced water 
          damage due to roof leakage on November 19, 1986 and that the 
          landlord had the roof repaired and gave the tenant the contract for 
          the tenant to send to the Division as evidence of the work done.   
          The tenant also submitted copies of correspondence establishing 
          that the building had a new owner.

          A physical inspection by the Division on April 29, 1987 revealed 
          that the living room ceiling and the intercom had been repaired.













          BJ210074RT


          Based on this inspection, the rent was restored effective June 1, 
          1986.

          In the petition for administrative review the tenant asserts, in 
          substance, that the order should be amended to reflect the new 
          owner and the fact that the repairs were not completed until 
          November 20, 1986 as evidenced by the contract the owner gave the 
          tenant which the tenant sent to the Division with copies to the 
          owner.

          In answer to the petition, the owner agrees that the order should 
          be amended to reflect the new owner and states that the leak which 
          occurred on November 19, 1986 was corrected by November 20, 1986 to 
          the satisfaction of the tenant and there have been no problems 
          since.

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

          A review of the record reveals that the owner submitted with the 
          rent restoration application evidence of pointing work done in July 
          1985 which was well before the inspection in the rent reduction 
          proceeding took place.  The tenant's answer to the application and 
          the supporting contract pertaining to roof repairs in November 1986 
          adequately establish that the necessary repairs were not made until 
          that time.  Accordingly, the repairs were not done when the 
          restoration application was filed and served on the tenant and the 
          rent restoration should not be effective as of that date.

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

          ORDERED, that this petition be and the same hereby is granted and 
          the Administrator's order be and the same hereby is modified to 
          restore the rent as of December 1, 1986 and to indicate that the 
          owner is 178 O.P. Associates.

          ISSUED:






                                                                   
                                             JOSEPH A. D'AGOSTA
                                             DEPUTY COMMISSIONER



    

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