OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                              JAMAICA, NEW YORK  11433

          APPEAL OF                                    DOCKET NO.:

                                               :       ADMINISTRATOR'S 
                                                       ORDER NO.: LS004717S

               317 WEST 77 STREET CORP.


                                   PETITIONER  :


          On February 3, 1987, the above named petitioner owner filed a 
          Petition for Administrative Review (PAR) against an order issued on 
          December 31, 1986, by the Rent Administrator at Gertz Plaza, 
          Jamaica, New York, concerning the housing accommodations at 317 
          West 77th Street, New York, Apartment #5R, wherein the 
          Administrator ordered a rent reduction based on the results of an 
          inspection conducted on July 29, 1986 that confirmed several 
          apartment services decreases cited in the tenant's complaint.

          On appeal, the owner requests that the order be reversed on the 
          grounds that the tenant refused the owner access to the apartment 
          during normal business hours, that the complainant was not the 
          individual that executed the lease, noting that the parties were 
          involved in court proceedings regarding this issue, and that the 
          tenant had not paid rent since August 1985.

          The tenant responded, in pertinent part, that the owner has never 
          offered to make repairs and that the tenant has never refused the 
          owner access to the apartment to make repairs if given advance 

          The scope of administrative review is limited to consideration of 
          issues and evidence before the Administrator.  While the owner 
          asserted below that the tenant had refused access to make repairs, 
          the owner failed to support the assertion by any statement from 
          workmen and contractors, or advance notice by certified letter or 
          mailgram, of scheduled appointments to effect repairs during 
          business hours.   The owner's failure to properly raise and 
          establish the lack of access in the proceedings below precludes 
          consideration of the issue on appeal.  

          Docket No.: BB 410105-RO                                         

          The Commissioner notes that the Administrator determined the 
          complaints of inadequate heat and hot water without addressing the 
          threshold issue raised in the owner's answer below that heat and 
          hot water were not required base date services for the subject 
          accommodations.  It is noted the hot water was found to be 
          adequate.  However, the Administrator's finding that thermostats 
          were defective was inconsistent with the inspector's report that 
          this condition could not be ascertained because it was not the 
          heating season at the time of inspection.  Consequently, the 
          Administrator's finding that the thermostats were defective must be 

          The Order is issued without prejudice to the tenant's right to file 
          a complaint if heat and hot water are presently inadequate.  If a 
          complaint is filed, the owner and the tenant are advised to cite 
          the instant determination in their papers.

          In the absence of Court determinations against the tenant, the 
          owner's further claim that the parties were involved in lease and 
          dispossess proceedings in Court are not pertinent to these 

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

          ORDERED, that the owner's petition be and the same hereby is 
          denied.  The Administrator's Order is affirmed, as modified.


                                               Joseph A. D'Agosta
                                               Deputy Commissioner


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