CJ110055RO

                                  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.: CJ110055RO
                               
          KINGSWOOD MANAGEMENT CORPORATION           RENT ADMINISTRATOR'S
          c/o KUCKER KRAUS & BRUH                    DOCKET NO.: CC110081OR

                                  PETITIONER
          -----------------------------------x


          ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

          On October 13, 1988 the above-named petitioner-owner filed a 
          petition for administrative review against an order issued on 
          September 13, 1988 by a Rent Administrator concerning the housing 
          accommodation known as Apt. #24A 12-1, 255-17 75th Avenue, Glen 
          Oaks, New York wherein the Administrator denied the owner's rent 
          restoration application. 

          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 administrative appeal.

          The record indicates that on March 7, 1988, the owner filed an 
          application to restore rent in which it was stated that all 
          services for which a rent reduction order was issued on October 31, 
          1984 under Docket Number 79808-P had been restored.  The rent had 
          been reduced because of cracked and broken tiles around the bathtub 
          area and the boiler made a loud humming noise in the tenant's 
          bedroom.  The owner submitted with the application copies of 
          various service orders, but none establish that the necessary 
          repairs were done.

          In response to the application, the tenant stated that the tiles in 
          the bathroom are still defective and the boiler still makes 
          constant noise.

          A physical inspection by a Division Employee on August 10, 1988 
          revealed that the bathroom floor tiles were cracked and broken and 
          that the boiler was shut down for the summer.

          Based on the inspection, the owner's application was denied.














          CJ110055RO

          In the petition for administrative review, the owner, through 
          counsel, alleges that the owner should not be penalized because 
          the inspection took place on a day when the boiler was not required 
          to be on.  With regard to the tiles, the petition asserts that the 
          condition found by the inspector in the rent restoration 
          proceedings of "bathroom tiles on floor are cracked and broken" is 
          a different condition than in the rent reduction proceeding which 
          referred to "tiles around bathtub area are cracked and broken".

          In answer to the petition, the tenant states that the tiles found 
          to be defective are the same in both inspections and that the 
          boiler had not been repaired and a proper inspection should take 
          place on a day when the boiler is operating to verify this.

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

          The owner did not establish in its application that any repairs to 
          correct the conditions cited in the rent reduction order had been 
          done.  The tenant opposed the application and the inspection 
          confirmed that repairs had not been done.

          The reference to cracked and broken tiles in the bathroom in both 
          proceedings is sufficiently similar to describe the same condition.
          In the absence of evidence of any tile repair work in the bathroom, 
          the owner cannot claim that the original condition was fixed and a 
          new condition was detected in the restoration proceeding.

          As for the boiler, the inspection was not dispositive of whether 
          repairs had been done.  Since rent restoration is not warranted 
          unless all required services have been restored, the owner's 
          application was properly denied.  The owner may file a new 
          application if the facts so warrant.

          THEREFORE, in accordance with the Rent Stabilization Law and Code 
          it is

          ORDERED, that this petition be and the same hereby is denied and 
          the Rent Administrator's be and the same hereby is affirmed.

          ISSUED:



                                                                        
                                                     JOSEPH D. A'GOSTA
                                                    Deputy Commissioner

    

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