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.: CB 210275-RO
                                         :  
      8023-19TH REALTY CORP.                DRO DOCKET NO.: BJ 210144-S

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

           ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

     On  February  16,  1988,  the  above-named  owner  filed  a  petition  for
     administrative review of an order issued on January 28, 1988,  by  a  Rent
     Administrator concerning the housing accommodation known  as  Apartment  #
     6J,  located  at  8023  19th  Avenue,  Brooklyn,  New  York,  wherein  the
     Administrator found that certain services had  not  been  maintained,  and
     determined that the apartment's rent should be reduced.

     The issue in this case is whether the Administrator's order was warranted.

     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 owner.

     On October 7, 1987 the tenant filed an application for a  rent  reduction,
     alleging that the roof was leaking, the ceilings were cracked, the windows 
     were drafty, and the bathroom sink was leaking.

     In its answer, the owner maintained that all windows  had  been  replaced,
     and the new windows were adjusted subsequent to  the  tenant's  complaint.
     The owner further contended that a new roof  was  going  to  be  installed
     during the week of December 1,  1987,  and  that  all  ceilings  would  be
     painted as soon as the roof was  installed.   Additionally,  the  bathroom
     sink  could  not  be  replaced  as  scheduled  because  the   tenant   was
     hospitalized, and a new date was scheduled for November  27,  or  December
     28, 1987.

     On December 10, 1987 a physical inspection of the  subject  apartment  was
     carried out by a staff member of the Division  of  Housing  and  Community
     Renewal (DHCR).  The inspector, in his report,  noted  that  ceilings  and
     walls were leak-damaged, with peeling and falling plaster in bedrooms  and
     dining room; and the living room window frame was water stained.

     On January 28, 1988 the Rent Administrator issued  the  order  here  under
     review, finding that a diminution of services had  occurred  and  reducing
     the tenant's rent to the level in effect prior to the last rent  guideline
     increases  which  commenced  before  the  effective  date  of   the   rent
     reduction.









          DOCKET NUMBER: CB 210275-RO
     In its petition for administrative review the owner requests  reversal  of
     the order, alleging that except for the leaking roof, all of the  tenant's
     complaints were frivolous.  The owner further states  that  the  roof  was
     completed in December, and that the painting followed.  The owner encloses 
     a copy of a statement from the tenant dated February 8, 1988 stating  that
     the apartment was repaired and painted to his satisfaction.


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

     Pursuant to Section 2523.4(a) of the Rent Stabilization Code:

               A tenant may apply to the DHCR for a  reduction  of  the
               legal regulated rent to the level  in  effect  prior  to
               the most recent  guidelines  adjustment,  and  the  DHCR
               shall so reduce the rent for the  period  for  which  it
               is  found  that  the  owner  has  failed   to   maintain
               required services.

     Required services are defined in Section 2520.6(r) to include repairs  and
     maintenance.

     The  Commissioner  finds  that  the  Administrator  properly   based   his
     determination on the entire record, including the results of  the  on-site
     physical inspection conduction on December 10, 1987 and that  pursuant  to
     Section 2523.4(a) of the Code, the Administrator was  mandated  to  reduce
     the rent upon determining that the owner had failed to maintain services.

     The Commissioner notes that on December 12,  1988  an  application  for  a
     restoration of rent for the subject apartment, based on the restoration of 
     services, was denied, following  inspection  on  October  4,  1988,  under
     Docket # CB 210129-OR.

     This Order and Opinion is issued without prejudice to the owner's right to 
     again file an application with the Division for restoration of rent  based
     upon the restoration of services.

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

     ISSUED:



                                                                   
                                     ELLIOT SANDER
                                     Deputy Commissioner




                                                   
    

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