BJ230120RO

                                  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.:  BJ230120RO
                                                  
          3841 REALTY ASSOCIATES                  RENT
                                                  ADMINISTRATOR'S DOCKET 
                                                  NO.: KCS000288B
                                  PETITIONER            
          ----------------------------------x


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                          
               On October 22, 1987 the above named petitioner-owner filed a 
          Petition for Administrative Review against an order of the Rent 
          Administrator issued October 8, 1987. The order concerned various 
          housing accommodations located at 3841 18th Ave. Brooklyn, N.Y.  
          The Administrator ordered a rent reduction for failure to maintain 
          required services.  

               The Commissioner has reviewed the record and carefully 
          considered that portion relevant to the issues raised by this 
          appeal.

               This proceeding was commenced on June 27, 1985 when 32 of the 
          58 tenants filed a Statement of Complaint of Decrease in Building- 
          Wide Services wherein they alleged, in substance, that the owner 
          had failed to maintain certain services in the subject building.

               The owner was served with a copy of the complaint and afforded 
          an opportunity to respond. The owner filed a response on August 13, 
          1985 and stated that it had recently purchased the building, that 
          it had no knowledge of any complaints regarding this matter, and 
          that it would investigate and make any required repairs.  A further 
          response was filed on October 17, 1985 wherein the owner stated 
          that it had made certain repairs.  The owner further stated that it 
          had not replaced any lobby furniture since no furniture was in the 
          lobby when it had purchased the building. 
           
               The Administrator ordered a physical inspection of the subject 
          building.  The inspection was conducted on April 1, 1987 and 
          revealed that the lobby furniture had been removed and that there 
          were defective public area windows.

               The Administrator issued the order here under review on 












          BJ230120RO

          October 8, 1987 and ordered an $8.00 per month rent reduction 
          for rent controlled tenants and a rent reduction of an amount equal 
          to the most recent guideline adjustment for rent stabilized 
          tenants.

               On appeal the owner states that lobby furniture was not 
          required to be provided to the tenants, that it had purchased the 
          building without lobby furniture, that it had replaced the 
          furniture pursuant to numerous complaints by the tenants, that the 
          furniture had been vandalized by the tenants on several occasions 
          and that the defective windows were repaired.   The owner attached 
          documentation to the petition including a bill to a licensed 
          contractor for repair to the windows.  The petition was served on 
          the tenants on December 30, 1987. 

               After careful review of the evidence in the record, the 
          Commissioner is of the opinion that the petition should be denied.

               With regard to the issue of the lobby furniture, the 
          Commissioner notes that an order bearing Docket No. KCS000170B was 
          issued by the Administrator on June 20, 1985.  In that order the 
          Administrator found that the owner was required to maintain lobby 
          furniture.  No administrative appeal of this order was ever filed.  
          Therefore, the issue of the owner's duty to maintain lobby 
          furniture has been decided and is final.  With regard to the issue 
          of vandalism, prior decisions of the Commissioner have held that 
          vandalism does not relieve the owner of the obligation to maintain 
          required services (see Docket Nos. EG430202RO; CI130116RO).

               With regard to the issue of the alleged repairs of the 
          windows, the Commissioner notes that the physical inspection was 
          conducted in response to the complaint regarding the windows.  The 
          report was prepared by a rent agency employee who is not a party to 
          the proceeding nor an adversary.  The Commissioner is of the 
          opinion that it was appropriate for the Administrator to rely on 
          the results of the inspection as they relate to the complaint 
          rather than the statements of a party to the proceeding, in 
          determining the outcome of the case.  Accordingly, the report of 
          the inspector which found defective public area windows was 
          properly accorded substantial weight and is not rebutted by the 
          owner's statement that the windows were repaired.  

               Pursuant to Section 2523.4 of the Rent Stabilization Code, a 
          tenant may apply to the DHCR for a rent reduction and the 
          Administrator shall reduce the rent based on a finding that the 
          owner has failed to maintain required services.   Repairs and 
          maintenance are included within the definition of required services 
          pursuant to Section 2520.6 (r) of the Code.

               Pursuant to Section 2202.16 of the Rent and Eviction 
          Regulations the Administrator may order a decrease in the maximum 
          rent based on a finding that there has been a decrease in the 






          BJ230120RO

          dwelling space, essential services, furniture, furnishings or 
          equipment required to be provided.  The Commissioner finds that the 
          Administrator based this determination on the entire record 
          including the results of the on-site physical inspection described 
          above.  The order here under review is affirmed.

               The owner may file for rent restoration when services have 
          been fully restored.

               THEREFORE, pursuant to the Rent Stabilization Law and Code and 
          Rent and Eviction Regulations 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.

          ISSUED:



                                                                             
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner
                                   






    

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