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. CA 410066-RO
                                         :  
                                            DISTRICT RENT ADMINISTRATOR'S
       CBBW REALTY CORPORATION,             DOCKET NO. BF 410241-S
                           PETITIONER    :  
     ------------------------------------X                             

           ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

     On  January  14,  1988,  the  above-named  owner  filed  a  petition   for
     administrative review of an order issued on January 4, 1988 by a  District
     Rent Administrator concerning the housing accommodation known as Apartment 
     4-A, 152 West 44th Street, New York, New York wherein rent was 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 June 3, 1987 the  subject  tenant  filed  an  application  for  a  rent
     reduction based on the  owner's  alleged  failure  to  maintain  services,
     alleging that the windows were defective and the bathtub was rusty.

     On November 18, 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 January 4, 1988 the District Rent Administrator issued the  order  here
     under review  finding  that  the  owner  failed  to  answer,  and  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.

     The owner's petition asserts that the tenant has denied the  owner  access
     for making repairs; that the owner has made numerous requests  for  access
     to the subject apartment; that the tenant did not inform the owner of  the
     need for repairs; that the  tenant  has  made  prior  false  claims  in  a
     separate complaint filed with the rent agency,  and  that  the  owner  did
     submit an answer to the Administrator in this proceeding.

     The tenant's answer to the owner's petition, which was filed on  March  1,
     1988, asserts that the owner never  attempted  to  obtain  access  to  the
     subject apartment.

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








          DOCKET NUMBER: CA 410066-RO
     The Commissioner notes that the owner submits an answer  to  the  tenant's
     complaint, dated August 18, 1987, which  was  attached  to  the  petition,
     stating that the tenant failed to allow the owner access  to  the  subject
     apartment, and that the tenant "abused and  misused"  the  bathtub,  sink,
     kitchen sink and stove thereby damaging it.

     The Commissioner is of the opinion that the aforementioned answer does not 
     state anything which would warrant modification of the  order  here  under
     review, as the owner did not substantiate any of the allegations stated in 
     the answer.

     As to the owner's assertion that numerous requests  for  access  had  been
     made, the Commissioner finds that the owner did not submit  any  proof  of
     such requests, e.g., a letter to the complainant requesting access to  the
     subject apartment, or a letter to the tenant requesting that he  call  the
     owner to set up an appointment for access.  Furthermore, this assertion by 
     the owner is apparently contradicted by his allegation  in  the  petition,
     that the  tenant  did  not  report  the  alleged  defects  to  the  owner.
     Accordingly, the Commissioner finds that the owner did not request  access
     to the subject apartment for the purpose of making repairs, and therefore, 
     the complainant did not refuse to provide access. 

     As to the issues raised  by  the  owner  concerning  separate  proceedings
     brought before this agency the Commissioner's determination is based on an 
     independent finding, not dependent upon  an  assessment  of  the  tenant's
     credibility in another proceeding, and therefore, will not be reviewed  by
     the Commissioner.

     The Commissioner notes that this order is issued without prejudice to  the
     owner's right to file an application for a restoration of  rent  when  the
     service defects found in this proceeding have been repaired.

     Accordingly, the Commissioner is of the opinion that  the  Administrator's
     order should be affirmed.

     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 District Rent Administrator's  order  be,  and  the  same  hereby  is,
     affirmed.

     ISSUED:





                                                                   
                                     ELLIOT SANDER
                                     Deputy Commissioner




                                                   
    

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