DOC. NO.: BL 430261-RO
                                 STATE OF NEW YORK
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

         APPEAL OF                               DOCKET NO. BL 430261-RO
                                  PETITIONER :   DOCKET NO. BD 530011B

         On December 23, 1987, the above-named owner filed a petition for 
         administrative review of an order issued on November 25, 1987 by a 
         District Rent Administrator concerning various housing accommodations 
         in the premises known as 305 Convent Avenue, New York, New York, 
         wherein rents were reduced due to a diminution of service.

         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 review.

         On April 2, 1987 the subject tenants filed an application for a rent 
         reduction based on the owner's alleged failure to maintain building- 
         wide services alleging, among other things, that the courtyard was 

         On April 27, 1987 the owner interposed an answer to the tenants' 
         complaint wherein it alleged that the defects complained of by the 
         tenants were repaired, and that the front courtyard had been repaired 
         by the placing of a steel column and the replacing of bricks.

         On June 15, 1987 a physical inspection of the subject building was 
         carried out by the Division of Housing and Community Renewal (DHCR).  
         The inspector, in his report, noted  that the front courtyard was not 
         level and required repairs.

         On November 25, 1987 the District Rent Administrator issued the order 
         here under review, finding that a diminution of services had occurred 
         and reducing the tenants' rent, in rent stabilized apartments, to the 
         level in effect prior to the last rent guideline increase which 
         commenced before the effective date of the rent reduction.  In rent 
         controlled apartments the rent was reduced by $2.00 per month, 
         effective on the first rent payment day following the issuance of the 

          DOC. NO.: BL 430261-RO

         The owner's petition asserts that it did not receive the original 
         complaint as filed by the tenants; that the owner's address on the 
         Administrator's order left out the post office box number; and that 
         the owner believes that this shows that the original complaint did not 
         have the owner's post office box number on it either, and therefore 
         the original complaint must have been returned to D.H.C.R. as 
         "undeliverable."  The owner further states that this deprived it of an 
         opportunity to correct the defects that were stated in the original 

         After careful consideration, the Commissioner is of the opinion that 
         the owner's petition should be denied.

         The Commissioner notes that on April 14, 1987 the rent agency mailed 
         to the owner a "Notice and Transmittal" of the tenants' complaint, and 
         that the owner's correct post office box number was written on that 
         notice.   The Commissioner notes that the owner's answer, which was 
         submitted to the Administrator, fully responded to the tenants' 

         As the owner's petition does not dispute the Administrator's finding 
         of a service defect, the Commissioner is of the opinion that the 
         Administrator's order should not be disturbed.

         The Commissioner notes that the rents in this proceeding were restored 
         by the rent agency on August 30, 1988, under Docket No. BD-510211-OR.

         Accordingly, the Commissioner finds that the Administrator's order 
         should be affirmed.

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

         ORDERED, that the owner's petition be, and the same hereby is, denied, 
         and that the order issued by the Rent Administrator be, and the same 
         hereby is, affirmed.


                                                 ELLIOT SANDER
                                                 Deputy Commissioner


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