DOC. NO.: BD 110577-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.: BD 110577-RO
                   JOSEPH NADOFF,            :  DRO DOCKET NO.: 37277
                                 PETITIONER  :
         ------------------------------------X

                   ORDER AND OPINION GRANTING IN PART PETITION FOR
                  ADMINISTRATIVE REVIEW AND REMANDING PROCEEDING TO
                                THE RENT ADMINISTRATOR

         On May 1, 1987 the above named petitioner-owner filed a Petition for 
         Administrative Review against an order issued on March 30, 1987 by the 
         Rent Administrator, 10 Columbus Circle, New York, N.Y. concerning 
         housing accommodations known as Apt. 3Y, 34-49 81st Street, Jackson 
         Heights, N.Y., wherein the Administrator further determined that the 
         owner was providing blinds and window screens; and wherein the 
         Administrator further determined that the owner was 
         not providing storage space.

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

         In this petition, the owner contends, in substance, that the 
         Administrator improperly determined that blinds, screens, and 
         storage space were provided services even though, in his answer to 
         the objection, it was stated that these items were not being 
         provided.

         The Commissioner is of the opinion that this petition should be 
         granted in part and the matter remanded to the District Rent  
         Administrator.

         In regard to blinds and window screens, the Commissioner notes that 
         in its answer to the tenant's objection, the owner had claimed that 
         it did not provide blinds and window screens.  However, in his 
         order, the Administrator quoted the owner as stating that he did in 
         fact provide these items, and based thereon, ruled that said items 
         were being provided.  The Commissioner finds that the 
         Administrator's determination was improper in light of the owner's 
         answer.  The proceeding is therefore remanded to the Administrator 
         for consideration of the owner's answer and for a determination as 
         to whether window screens and blinds are being provided by the 
         owner.














         DOC. NO.: BD 110577-RO

         In regard to storage space, the record indicates that the 
         Administrator in fact ruled that storage space was not being 
         provided.  Given that the tenant did not appeal this ruling, this 
         finding will not be disturbed.
               


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

         ORDERED, that this petition be, and the same hereby is, granted in 
         part to the extent of remanding the proceeding to the District Rent 
         Administrator as provided above.

         ISSUED:

                                       
         ELLIOT SANDER
         Deputy Commissioner
          
    

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