DOC. NO.: BL 410262-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. BL 410262-RO
                        GERARD BRIERRE,      :   DISTRICT RENT ADMINISTRATOR'S
                                 PETITIONER  :   DOCKET NO. BG 230812-S
         ------------------------------------X     

             ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                            AND CORRECTING CLERICAL ERROR


         On December 7, 1987, the above-named owner filed a petition for 
         administrative review of an order issued on November 12, 1987 by a 
         Rent Administrator concerning the housing accommodations known as 
         Apartment 3B, 41 East 29th Street, Brooklyn, New York.

         The Commissioner has reviewed all the evidence in the record and has 
         carefully considered that portion of the record relevant to the issues 
         raised by the petition for review.

         On July 17, 1987 the subject tenant filed an application for a rent 
         reduction based on the owner's alleged failure to maintain services.

         On August 30, 1987 the owner interposed an answer to the tenant's 
         complaint wherein he alleged, in substance, that the tenant had 
         denied the workmen access to the subject apartment to make the 
         necessary repairs.

         On October 2, 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 the complained of 
         conditions were as alleged by the tenant.

         On November 12, 1987 the District Rent Administrator issued the 
         order here under review finding that a 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.




















         DOC. NO.: BL 410262-RO

         In his petition for administrative review the owner requests a 
         reversal of the Rent Administrator's order alleging that the tenant 
         was not at home on several occasions to permit access to him or his 
         workmen.  The owner encloses signed statements from two workmen who 
         state that they went to the subject apartment but that no one was 
         home.

         After careful consideration the Commissioner is of the opinion that 
         this petition should be denied and that a clerical error in the Rent 
         Administrator's order should be corrected.
          
         The Commissioner notes that, although the owner asserts that the 
         tenant was not at home on several occasions to permit access to him 
         or his workmen,  the owner has not alleged or shown any attempt to 
         give the tenant notice to be home to permit access to make repairs.  
         The Commissioner is of the opinion that the failure to make any such 
         attempt evinces a failure to take reasonable steps to make the 
         required repairs, and that the order of the Rent Administrator 
         should therefore be affirmed.

         This Order and Opinion is issued without prejudice to the owner's 
         rights as they may pertain to an application to the Division for a 
         restoration of rent based upon the restoration of services.

         The Commissioner notes that the Rent Administrator's order 
         incorrectly indicated that the subject premises are located in New 
         York, New York rather than Brooklyn, New York.  The Commissioner is 
         of the opinion that this clerical error should be corrected.

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

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

         FURTHER ORDERED, that the Order of the Rent Administrator be, and 
         the same hereby is, corrected, in that the address for the subject 
         premises therein be, and the same hereby is, changed to Brooklyn, 
         New York rather than New York, New York.

         ISSUED:

                                       
         JOSEPH A. D'AGOSTA
         Deputy Commissioner
          
    

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