CI220249RO
                                    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.:  
                                                  CI220249RO
                 BENSONHURST REALTY,
                                                  RENT ADMINISTRATOR'S
                                                  DOCKET NO.:
                                   PETITIONER     CA220144OR
          ----------------------------------x



            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                          

          The above-named owner filed a timely petition for administrative 
          review (PAR) of an order issued concerning the housing accommo- 
          dation known as 8714 21st Avenue, Apartments B-3, Brooklyn, 
          New York.

          The Commissioner has reviewed all of the evidence in the record and 
          has carefully considered that portion of the record relevant to the 
          issue raised by the petition.

          The owner commenced the proceeding below by filing a rent restora- 
          tion application wherein it alleged that it had restored services 
          for which a rent reduction order bearing Docket No. BB220388S had 
          been issued wherein the owner was directed to repair the leak 
          damage to the ceilings and walls in the bedroom, bathroom and foyer 
          and to paint them, as well as to repair three defective stove pilot 
          lights.

          The Administrator ordered a physical inspection of the subject 
          apartment.  The inspection was conducted on July 28, 1988.  The 
          inspector reported that the leak damage to the ceilings and walls 
          in the bedroom, bathroom and foyer has been repaired and painted.  
          However, the three stove pilot lights were defective.

          The Administrator issued the order here under review on August 26, 
          1988.  Rent restoration of $15.00 per month was granted for the 
          rent controlled tenant.  The owner was advised to refile for the 
          remaining $9.00 per month when the three stove pilot lights were 
          repaired.












          CI220249RO




          On appeal, the owner states, in substance, that he was enclosing a 
          copy of the tenant's request for the pilot lights to be turned off 
          when the stove was installed and that the restoration order incor- 
          rectly stated that the pilot lights did not work, when in fact, 
          they were turned off.

          The Division of Housing and Community Renewal (DHCR) served a copy 
          of the petition on the tenant on November 25, 1988.  She answered 
          that she did request that the pilot lights be turned off because 
          she felt someone was tampering with the gas line, however, the 
          stove continues to be a problem because of clogged gas holes.

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

          The Commissioner notes that although the owner has stated that the 
          tenant requested the pilot lights to be shut off, and the tenant 
          has confirmed this, this was not raised in the proceeding below.  
          The tenant's position is that the pilot lights had to be turned off 
          because they were defective.  The owner may file another rent 
          restoration application and if the stove is still defective, the 
          reasonableness of the tenant's position will be investigated if 
          raised.  The rent will be restored only when an application is 
          filed and granted.

          Accordingly, the Commissioner finds that the Administrator properly 
          determined that the owner had failed to restore all services based 
          on the evidence of record, including the results of the on-site 
          physical inspection of the subject premises.  The Administrator 
          correctly granted the application in part for the rent-controlled 
          tenant.

          Pursuant to Section 2202.16 of the Rent and Eviction Regulation, a 
          rent reduction is authorized where there has been a decrease in 
          essential services which are defined in Section 2200.3 to include 
          repairs, maintenance, janitorial services, and removal of refuse.  
          The owner's petition does not establish any basis for modifying or 
          revoking the Administrator's order which determined that the owner 
          had not restored essential services based on a physical inspection 
          confirming the existence of defective conditions in the subject 
          apartment for which a rent reduction is warranted.


          THEREFORE, in accordance with the Rent and Eviction Regulations for 
          New York City, it is










          CI220249RO


          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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