DOC NO.: BJ 210129-RO
                                 STATE OF NEW YORK
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

         APPEAL OF                            DOCKET NO. BJ 210129-RO
                        HELEN DAVIS,           :   RENT ADMINISTRATOR'S
                                PETITIONER     :   DOCKET NO. BA 210115-S


         On October 2, 1987, the above-named owner filed a petition for 
         administrative review of an order issued on September 1, 1987, by a 
         Rent Administrator concerning the housing accommodation known as 
         Apartment #19, 187 Rochester Avenue, Brooklyn, New York wherein a 
         reduction in services was found and the rent was reduced effective 
         March 1, 1987.

         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 administrative appeal.

         On January 14, 1987 the tenant filed an application for a rent 
         reduction because of the owner's failure to maintain the following 
         services: no intercom at entrance door; a paint job is needed; the 
         apartment door needs repair; the bathtub is not attached to the wall; 
         and there are roaches and mice in the apartment.

         On February 25, 1987 the owner responded that there never was an 
         intercom in the house; the painting was not yet due since the tenant 
         was there less than three years; the apartment door and bathtub have 
         been repaired; and an exterminator comes to the building monthly.  The 
         owner enclosed, in support of its statements, a letter from the 
         exterminator, who indicated that he gave "special attention" to the 
         subject apartment on February 13, 1987.

         On June 23, 1987 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 there was no intercom system 
         in the building; the apartment door bell is defective; the bathroom 
         ceiling and walls have been plastered and painted; the apartment front 
         door needs repair; the apartment door lock is broken; the bathroom tub 
         was repaired; and there was evidence of mice and roach infestation in 
         the apartment.

          DOC NO.: BJ 210129-RO

         On September 11, 1987 the Rent Administrator issued the order here 
         under review, finding that diminution of services had occurred and 
         reducing the tenant's rent to the level in effect prior to the last 
         rent guideline increase which commenced before the effective date of 
         the rent reduction.

         In its petition for administrative review the owner requests reversal 
         of the order, and encloses for the first time a letter signed by the 
         tenant stating that "the apartment was painted and fixed up to date by 
         the landlord."  This document was dated June 1, 1987.

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

         Pursuant to Section 2523.4 of the Rent Stabilization Code:

                   A tenant may apply to the DHCR for a reduction of 
                   the legal regulated rent to the level in 
                   effective 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.

         Required services are defined in Section 2520.6 to include repairs and 

         The Commissioner finds that the Administrator properly based his 
         determination on the entire record, including the results of the on- 
         site physical inspection conducted on June 23, 1987.  Pursuant to 
         Section 2523.4 of the Code, the Administrator was mandated to reduce 
         the rent upon determining that the owner had failed to maintain 

         This Order and Opinion is issued without prejudice to the owner's 
         rights, when services have been restored, to file an application with 
         the Division for a restoration of rent based upon the restoration of 

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

          DOC NO.: BJ 210129-RO

         ORDERED, that this petition be, and the same hereby is, denied, and 
         that the Rent Administrator's order be, and the same hereby is 

                                               ELLIOT SANDER
                                               Deputy Commissioner


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