BI 410291 RO

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

          APPEAL OF                              DOCKET NO. BI 410291 RO
                                              :  DRO DOCKET NO.ZBD-510268-S
               J. WILLIAM JAFFE                     

                                PETITIONER    : 

               On September 4, 1987, the above-named petitioner-owner filed a 
          Petition for Administrative Review against an order issued on August 
          3, 1987, by the Rent Administrator, 92-31 Union Hall Street, 
          Jamaica, New York, concerning the housing accommodations known as 
          408-410 W. 130th Street, New York, New York, Apartment No. 41, 
          wherein the Rent Administrator determined that the owner 
          had failed to maintain services and accordingly reduced the rent 
          of the subject apartment.

          The Administrative Appeal is being determined pursuant to the 
          provisions of Section 2523.4 of the Rent Stabilization Code.

          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 in April 1987, by 
          the filing of an Individual Tenant Statement of Complaint in which 
          the tenant listed a variety of service decreases in the subject 

          In answer to the complaint, the owner stated in substance 
          that he is in the process of making various repairs and that the 
          tenant has agreed to paint the subject apartment.

          An inspection was held at the subject apartment on May 15, 
          1987.  Such inspection disclosed that the subject apartment needs 
          to be painted, that the kitchen wall has a hole behind the sink, 
          that there is rodent infestation in the kitchen, that the kitchen 
          baseboard is separated from the floor, that the kitchen cabinet is 
          rusted at the bottom, that window guards are missing from the 
          windows, that the bathroom wash basin leaks, that one door of the 
          refrigerator crisper bin is missing, and that the hallway 
          baseboard is separated from the floor.

          BI 410291 RO

          In Order Number ZBD-510268-S, the Rent Administrator 
          determined that, based upon the physical inspection, service 
          decreases had occurred in the subject apartment and reduced the 
          rent to the level in effect prior to the most recent guideline 
          adjustment effective May 1, 1987.

          In this petition, the owner alleges in substance that the 
          tenant does not cooperate in allowing the repair work to be done, 
          that the tenant has agreed to paint and the owner will reimburse 
          the tenant for painting, that the tenant did not specifically 
          complain about the refrigerator bin in her original complaint, 
          and that the tenant has an illegal washing machine, a non approved 
          window gate leading to the fire escape and an illegal double lock 
          cylinder on the entrance door.

          In response to the owner's petition, the tenant stated in 
          substance that the owner is now having the required repair work 

          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.

          In the instant case, the evidence of record including a 
          physical inspection disclosed that service decreases had occurred 
          in the subject apartment.  Accordingly, the Rent Administrator's 
          order was warranted.

          It is noted that the owner did not raise the contention of 
          lack of access in the proceeding before the Rent Administrator and 
          that this contention cannot be considered for the first time on 
          appeal.  It is further noted that in the tenant's original 
          complaint, the tenant listed trouble with the refrigerator upper 
          compartment.  The Commissioner is of the opinion that this 
          allegation was sufficient to put the owner on notice regarding the 
          need to have the refrigerator repaired.  Finally, the fact that 
          the tenant may have an illegal washing machine, window gate and 
          double lock cylinder has no bearing on whether the owner is 
          providing required services in the subject apartment.  Of course 
          the owner is not precluded from instituting an appropriate court 
          proceeding to have these items removed from the subject apartment.

          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 

          BI 410291 RO
          Stabilization Law and Code, 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.


                                          ELLIOT SANDER
                                          Deputy Commissioner



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