DOC. NO.: BJ 110287-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. BJ 110287-RO
                      JOSEPH FERNANDEZ           DISTRICT RENT ADMINISTRATOR'S 
                      c/o GALLAN AGENCY,     :   DOCKET NO.: BA 130030-B
                                 PETITIONER  :
         ------------------------------------X


                       ORDER AND OPINION GRANTING PETITION FOR
                            ADMINISTRATIVE REVIEW IN PART

                                           

         On October 26, 1987, the above-named Petitioner-owner filed a Petition 
         for Administrative Review of an order issued on October 9, 1987, by 
         the District Rent Administrator at Gertz Plaza, Jamaica, New York 
         concerning the housing accommodations known as various Apartments at 
         31-06 38th Street, Astoria, New York wherein the Administrator 
         directed the restoration of services, further finding that a rent 
         reduction based thereon 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 
         issues raised by the petition for administrative review.

         On January 27, 1987, D. Gregory, of apartment 23, joined by eight 
         other rent controlled tenants, filed a complaint of a reduction in 
         services further seeking a rent reduction based thereon.  The tenants 
         alleged, among other things, that the garbage cans were old and the 
         covers did not fit.

         In its answer, the owner in substance, denied the allegations set 
         forth in the tenants' complaint or otherwise asserted that all 
         deficiencies in required services had been or would be corrected.

         On March 27, 1987, a physical inspection of the subject housing 
         accommodation was conducted by the DHCR.  The inspector's report, 
         confirmed that there were inadequate garbage can covers.

         On October 9, 1987, the Rent Administrator issued the order hereunder 
         review finding that a diminution in services had occurred and reducing 
         the tenants' rent by $5.00 per month.















          DOC. NO.: BJ 110287-RO



         In its Petition, the owner, in substance, argues that it was not 
         adequately apprised of a claim relating to garbage can covers, the 
         owner never received a summons for inadequate garbage can covers from 
         the Sanitation Department and $5.00 per month is an excessive 
         reduction for this condition.

         In an answer to the Petition, D. Gregory asserts, in substance, that 
         the owner had notice of a problem with the garbage cans and that the 
         owner has received summonses from the Department of Sanitation 
         relating to inadequate garbage covers; that the subject condition has 
         not been corrected and that the Petition should be denied.

         The Commissioner is of the opinion that the Petition should be granted 
         in part.

         The Commissioner finds that the owner had adequate notice of the 
         nature of the claim from the complaint and that regardess of the 
         owner's experience with the Sanitation Department, the inspection 
         report filed by the impartial DHCR staff inspector is the best 
         evidence on the question of the adequacy of the garbage receptacle 
         covers.  That report stated that the garbage receptacles did not have 
         adequate covers.  However, the Commissioner finds that $5.00 per month 
         was an excessive rent reduction for this decreased service.  DHCR 
         policy and practice require a rent reduction of $3.00 a month for 
         affected rent controlled apartments.

         Therefore, the Commissioner finds that the order below should be 
         modified by changing the rent reduction set forth therein from $5.00 
         per month to $3.00 per month.

         If the owner has already complied with the Administrator's order and 
         there are arrears due to the owner as a result of the instant 
         determination, the tenants may pay off the arrears in six (6) equal 
         monthly installments.  As to any of the tenants who have vacated and 
         as to any of the tenants who vacate after the issuance of this order, 
         said arrears shall be payable immediately.













         THEREFORE, pursuant to the City Rent Law and the Rent and Eviction 




          DOC. NO.: BJ 110287-RO

         Regulations, it is

         ORDERED, that the Petition be, and the same hereby is, granted in 
         part; and that the Administrator's order be, and the same hereby is, 
         modified in accordance with this order and opinion.

         ISSUED:

                                                                              
                                                 ELLIOT SANDER
                                                 Deputy Commissioner
           









    

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