CC410022RO
                                  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.: CC410022RO

                ELIEZER A. COHEN                    RENT ADMINISTRATOR'S
                                                    DOCKET NO.: BL410017HW
                                   PETITIONER
          -----------------------------------x

             ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

          The above-named owner filed a timely petition for administrative 
          review of an order issued concerning the housing accommodation 
          known as 309 West 43rd Street, Apt. 3D, New York, N.Y.

          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.

          The tenant commenced this proceeding by filing a complaint 
          asserting that the owner had failed to maintain certain services in 
          the subject apartment.

          In the answer, the owner denied the allegations set forth in the 
          complaint or otherwise asserted that all required repairs had been 
          or will be completed.

          Thereafter an inspection of the subject apartment was conducted by 
          a D.H.C.R. inspector who confirmed the existence of the following 
          defective condition: inadequate heat.

          The Rent Administrator directed restoration of these services and 
          further ordered a reduction of the stabilization rent.

          In its petition for administrative review, the owner states, in 
          substance, that services were restored prior to complaint being 
          filed, that DHCR had previously inspected and issued an order of 
          denial and termination, that DHCR conducted physical inspections 
          for other similar duplicative complaints and had issued termination 
          notices in those cases, copies attached therewith, and that the 
          tenant admits in his complaint that services were corrected.

          The DHCR served a copy of the petition on the tenant on April 19, 
          1988.














          CC410022RO




          The tenant interposed and answer to the owner's petition contending 
          that he has never received any denial or termination order, that 
          the termination of duplicative complaints filed by other tenants is 
          irrelevant to this tenant's apartment, that this tenant admits 
          repairs were made but not that services were fully restored, that 
          the inspector found inadequate heat two months after repairs were 
          made.

          Subsequently, the owner responded to rebut the tenant's answer and 
          stated that inspections revealed all items were in service and 
          duplicate/identical complaints of all other tenants were dismissed, 
          and that if the heat was found to be adequate in other apartments 
          then the heat is working in the entire building.

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

          Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is 
          required to order a rent reduction, upon application by the tenant, 
          where it is found that the owner has failed to maintain required 
          services.  The owner's petition does not establish any basis for 
          modifying or revoking the Administrator order which determined that 
          the owner was not maintaining required services based on a physical 
          inspection confirming the existence of inadequate heat in the 
          subject apartment for which a rent reduction is warranted.

          With regard to the owner's contention that inspections in other 
          proceedings regarding duplicate/identical complaints revealed no 
          decrease in services, those determinations are irrelevant to the 
          apartment involved in this proceeding.  The record does not contain 
          any evidence that services were restored to the subject apartment.

          The owner may file a rent restoration application if the facts so 
          warrant.

          The automatic stay of the retroactive rent abatement that resulted 
          by the filing of this petition is vacated upon issuance of this 
          order and opinion.

















          CC410022RO


          THEREFORE, in accordance with the Rent Stabilization Law and Code 
          and the Emergency Tenant Protection Act of 1974, 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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