BH 430073 RO

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

          APPEAL OF                              DOCKET NO. BH 430073 RO
                                              :  DRO DOCKET NO.ZAK 430020 B
               TAMARA ZELCER                     

                                PETITIONER    : 

               On August 3, 1987, the above-named petitioner-owner filed a 
          Petition for Administrative Review against an order issued on June 
          30, 1987, by the Rent Administrator, 92-31 Union Hall Street, 
          Jamaica, New York, concerning the housing accommodations known as 
          503 East 73rd Street, New York, New York, Various Apartments, 
          wherein the Rent Administrator determined that the owner had 
          failed to maintain services and accordingly reduced the rents of 
          the subject apartments.

          The Administrative Appeal is being determined pursuant to the 
          provisions of Section 2202.16 of the Rent and Eviction Regulations 
          for New York City and Section 2523.4 of the Rent Stabilization 

          The issue herein is whether the Rent Administrator's order 
          was warranted.

          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.  

          This proceeding was originally commenced by the filing of a 
          Statement of Complaint of a Decrease in Building-Wide Services in 
          which the tenants stated in substance that there was a defective 
          roof door lock, that there was no superintendent in the subject 
          premises and that the public area floors, walls and windows were 
          dirty and defective.

          On February 23, 1987, a physical inspection was conducted at 
          the subject premises.  Such inspection revealed that the roof 
          door lock was defective, that there was no superintendent in the 
          subject premises, that the superintendent's name, address and 
          telephone number was not posted as required, that the public area 
          floors and walls required cleaning and that the third and fifth 
          floor public area windows were broken.

          In Order Number ZAK 430020 B, the Rent Administrator 
          determined that, based upon the physical inspection, service 

          BH 430073 RO
          decreases had occurred in the subject premises and reduced the 
          rents of the stabilized apartments to the level in effect prior to 
          the most recent guideline adjustment effective January 1, 1987, 
          and reduced the rents of the rent controlled apartments by $16.00 
          per month effective the first rent payment date following June 30, 

          In this petition, the owner alleges in substance that she is 
          submitting a letter from a majority of the tenants to the effect 
          that all the services complained of are being maintained by the 
          owner.  In support of such contention, the owner submitted a copy 
          of such letter signed by seven tenants out of a total of thirteen 

          The Commissioner is of the opinion that this petition should 
          be denied.

          Section 2523.4 of the Rent Stabilization Code provides in 
          pertinent part that a tenant may apply to the DHCR for a 
          reduction of the legal regulated rent to the level in effect 
          prior to the most recent guidelines adjustment, and the DHCR 
          shall so reduce the rent for the period for which it is found 
          that the owner has failed to maintain required services.

          Section 2202.16 of the Rent and Eviction Regulations for New 
          York City provides in pertinent part that if the landlord fails to 
          maintain services, the Administrator may order a decrease in the 
          maximum rent in an amount which the Administrator in his 
          discretion may determine.

          In the instant case, the evidence of record including a 
          physical inspection disclosed that required repairs were not made.  
          Further the fact that some tenants now state that the owner is 
          currently providing the services previously complained about is 
          not a sufficient reason to reverse the Rent Administrator's 
          determination.  However, this order is issued without prejudice to 
          the owner's filing of an application to restore the rent due to a 
          restoration of services if the facts so warrant.

          THEREFORE, in accordance with the provisions of the Rent 
          Stabilization Law and Code and the Rent and Eviction Regulations 
          for New York City, it is

          ORDERED, that this petition for administrative review be, and 
          the same hereby is, denied, and, that the order of the Rent 
          Administrator be, and the same hereby is, affirmed.


                                          JOSEPH A. D'AGOSTA
                                          Deputy Commissioner


          BH 430073 RO


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