BC 130052 RO
                                
                        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.: BC 130052 RO

     MITCHELL S. GELBERG                DISTRICT RENT
                                        ADMINISTRATOR'S DOCKET
                                        NO.: AD 110019 S
                        PETITIONER
----------------------------------x


  ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
              AND REVOKING RENT ADMINISTRATOR'S ORDER


      On  March  9, 1987 the above named petitioner-owner  timely
refiled a Petition for Administrative Review against an order  of
the  Rent  Administrator  issued February  4,  1987.   The  order
concerned housing accommodations known as Apt 2 located at 260-34
Langston  Avenue,  Glen  Oaks,  N.Y.  wherein  the  Administrator
ordered  a  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  tenant commenced this proceeding on April 4, 1986,  by
filing  a  Statement of Complaint of Decrease in  Services.   She
alleged  that in 1985 she was reimbursed by the owner $25.00  per
room  for  doing her own painting in 1983 but that the owner  had
taken  back  $25.00 because one room had been  repainted  by  the
owner  after a leak developed.  The tenant stated that  deducting
the  $25.00  is "both a decrease in service and an overcharge  as
well."   The  owner was served with a copy of the  complaint  and
afforded  an  opportunity  to  respond.   No  response  was  ever
received.

      The  Administrator  ordered a physical  inspection  of  the
subject  apartment.  The inspection was held on August  27,  1986
and revealed that the apartment was in need of painting and

plastering.   On  February 4, 1987 the Administrator  issued  the
order here under review, wherein the rent was ordered reduced  by
a guideline based on the inspector's report.

      On appeal, the owner states that the tenant's complaint was
based  on  the  alleged failure to reimburse for  painting.   The
Administrator ordered the rent reduction here under review  based
on  the fact that the apartment in question required painting and
plastering.  The crux of the owner's argument is that the  Admin-
istrator  granted  a  remedy  which  is  inconsistent  with  that
requested  by  the tenant in the complaint.  The tenant  filed  a
response wherein she stated that she was unaware of the nature of
this  proceeding and requesting a copy of the petition and  order
here  under  review.  The requested documents were  sent  to  the
tenant on March 24, 1992.

      After  careful  review of the evidence in the  record,  the
Commissioner  is  of  the  opinion that the  petition  should  be
granted and the Administrator's order should be revoked.

      A rent reduction is warranted, at a tenant's request, where
it  is  found  that  an  owner has failed  to  maintain  required
services.  In this case, however, the tenant did not assert  that
the  owner had failed to provide required painting services  and,
having  painted the apartment herself, she did not  even  request
the  painting  and  plastering that the Administrator  found  was
needed.   The tenant merely sought to recoup the $25.00 that  the
owner had deducted from the painting reimbursement.  There is  no
provision  in the Rent Stabilization Law and Code for ordering  a
rent reduction based on these facts and the Administrator's order
must be revoked.  The Division also has no authority to order the
remedy the tenant seeks and she is advised to pursue her claim in
a court of competent jurisdiction.


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

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name