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. BF 110399-RO
                                             :   RENT ADMINISTRATOR'S 
              RICHARD ALBERT,                :   DOCKET NO. AH 110594 S
                                 PETITIONER  :
         ------------------------------------X

                         ORDER AND OPINION GRANTING PETITION
                              FOR ADMINISTRATIVE REVIEW

         On June 17, 1987, the above-named owner filed a petition for 
         administrative review of an order issued on June 9, 1987, by a Rent 
         Administrator concerning the housing accommodation known as Apartment 
         2U, 93-49 222nd Street, Queens Village, New York, wherein the owner 
         was directed to repair an intercom system in the subject building.

         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 petition for review.

         On September 9, 1986 the subject tenant filed an application for a 
         rent reduction based on the owner's alleged failure to maintain 
         service alleging a defective and inoperable intercom system.

         On September 17, 1986 the owner interposed an answer to the tenant's 
         complaint wherein he alleged, inter alia, that there never was an 
         operating intercom system in the building that it is not a required 
         service, and that this has been confirmed by the Housing Court.

         On November 21, 1986 a physical inspection of the subject apartment 
         was carried out by the Division of Housing and Community Renewal 
         (DHCR).  The inspector, in his report, noted that the intercom was not 
         operating.

         On June 9, 1987 the Rent Administrator issued the order here under 
         review directing the owner to restore the intercom to operating 
         condition.

         In his petition for administrative review the owner requests reversal 
         of the administrator's order alleging, inter alia, that an operating 
         intercom system is not a required service in the building and this has 
         been decided in prior dockets and hearings by the DHCR as well as in 
         the Housing Court.
















         DOC. NO.: BF 110399-RO


         After careful consideration the Commissioner is of the opinion that 
         this petition should be granted.

         The Commissioner notes that the question of an operating intercom in 
         the subject building was settled by the DHCR in prior dockets BB 
         130149RT, BB 130151RO, BB 130356RO, et al. wherein it was determined 
         that an operating intercom system was not a required or essential 
         service for the subject building.

         Since the intercom is not a required service, the Administrator's 
         order directing the owner to restore it to operating condition was 
         without any legal basis and must be revoked.

         THEREFORE, in accordance with the Rent Stabilization Law and Code, and 
         the Emergency Tenant Protection Act of 1974, 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:

                                                                          
                                            ELLIOT SANDER
                                            Deputy Commissioner
          
    

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