BH110121RT (Amended)
                             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. BH110121RT (Amended)

                                          :  DISTRICT RENT OFFICE
        Martin Werblow                       DOCKET NO. 042414
                                            
                                             OWNER: B & K Realty Co.    

                            PETITIONER    : 
      ------------------------------------X                             

           ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

      This order previously had an issuance date of May 23, 1994.  However, 
      DHCR records do not reflect that the order was properly mailed to the 
      parties.  Accordingly, this identical "amended" order is being issued 
      and the issuance date 
      listed at the end of this order shall be the official 
      issuance date of the order.

      On August 11, 1987, the above-named tenant filed a petition for 
      administrative review of an order issued on July 8, 1987 by a District 
      Rent Administrator concerning the housing accommodations known as 62-98 
      Saunders Street, Apartment No. 3E, Rego Park, New York, wherein the 
      Administrator terminated the proceeding because all of the issues in 
      this case were decided in previous proceedings.

      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.

      This proceeding was commenced by the filing of an objection to the 
      initial registration.  The tenant had previously filed an objection to 
      the initial registration under Docket No. 017697.  In that case the 
      tenant noted that a stove and refrigerator were omitted from the list of 
      services the owner was to provide.  On September 11,1984 the tenant 
      filed this objection which he labelled as an "Amended" objection to 
      registration and added screens as an item which should have been 
      included in the initial registration form.  This "Amended" objection to 
      registration was given a new docket number and is the instant case.  
      Also pending at the time of these filings was an overcharge complaint 
      under Docket No. Q3122531RT which was subsequently resolved by an order 
      issued on June 12, 1987 and was affirmed on administrative appeal by an 
      order issued on January 3, 1992 under PAR Docket Number BG110202RT, 
      which determined that the tenant had not been overcharged through 
      December 31, 1986. 
        
      As noted above, the Administrator terminated this proceeding because the 
      case was duplicative of other matters.  The Administrator cited Docket 
      Nos. 017697 and TC27661G (a previously decided overcharge complaint) in 
      his order of July 8, 1987.
      In his petition for administrative review the tenant asserts that 







          BH110121RT (Amended)

      Administrator should not have terminated the proceeding.  He alleges 
      that the issue of screens had not been determined.  Further, he states 
      that the docket number listed by the Administrator in his order 
      (TC27661G) was determined in 1979 and he has the right to have any 
      possible subsequent overcharges examined.

      The Commissioner is of the opinion that this petition for administrative 
      review should be denied.

      With regard to the screens, pursuant to Section 2523.4 of the Rent 
      Stabilization Code, an owner is required to maintain  all required 
      services as defined by Section 2520.6(r) regardless of whether the 
      services are registered.  If there is a failure to maintain required 
      services, the tenant may apply to the Division for rent reduction, and 
      any dispute as to whether a service is required or has been reduced will 
      be determined in that proceeding.

      Accordingly, the Commissioner is of the opinion that it is unnecessary 
      to decide this issue in this appeal.

      Since this decision does not determine the merits of the issue raised on 
      appeal, the order below shall not be used in any subsequent proceeding 
      involving base date or required services.

      With regard to the overcharge portion of the tenant's objection to 
      registration, the Commissioner finds that the overcharge issue has been 
      resolved under Docket Nos. TC27661G, Q3122531RT and BG110202RT.  

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

      ORDERED, that this petition for administrative review be, and the same 
      hereby is, denied, and, that the Administrator's order be, and the same 
      hereby is, affirmed.


      ISSUED:



                                                                    
                                      JOSEPH A. D'AGOSTA
                                      Deputy Commissioner
    

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