CK210152RO
                                  STATE OF NEW YORK
                      DIVISION OF HOUSING AND COMMUNITY RENEWAL
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                                  JAMAICA, NY 11433





          ------------------------------------x
          IN THE MATTER OF THE ADMINISTRATIVE          ADMINISTRATIVE REVIEW
          APPEAL OF                                    DOCKET NO.: CK210152RO

                    BPC Management Corp.,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.: CD210039OR
                                   PETITIONER
          ------------------------------------x

            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

          The above-named petitioner-owner filed a timely petition for 
          administrative review of an order issued concerning the housing 
          accommodation known as 150 Crown Street, Apt. A-20, Brooklyn, 
          New York.

          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 owner commenced the proceeding on April 29, 1988 by filing an 
          Application for Rent Restoration wherein it alleged that it had 
          restored some services and the tenant had refused access for 
          restoration of other services for which a rent reduction order 
          bearing Docket No. BH210605S had been issued wherein the owner was 
          directed to correct the problems of roach infestation, peeling 
          paint and plaster on the livingroom ceiling and walls, and the 
          bathroom shower ceiling is coming down.  The owner attached to the 
          application, a receipt for $220.00 for the painting of the subject 
          apartment on April 6, 1988.  The painter explained on the receipt 
          that he was required to paint the entire apartment in one day and 
          that he did the kitchen, hallway, and bathroom but was not 
          permitted by the tenant to paint the rest of the apartment.

          The tenant was served with a copy of the application and was 
          afforded an opportunity to respond.  The tenant stated that the 
          livingroom was not painted because the workers tried to do a rush 
          job, attempting to complete the work in one day when several days 
          had been allowed.  

          Thereafter an inspection of the subject apartment was conducted by 
          a DHCR inspector on September 8, 1988, who confirmed the existence 












          CK210152RO

          of the following defective conditions:

          1.   There is still evidence of roach infestation in the subject 
               apartment.

          2.   Livingroom walls and ceiling are peeling paint and plaster.

          All other conditions were found to have been corrected.

          The Rent Administrator denied the owner's rent restoration 
          application.

          In its petition for administrative review, the owner states, in 
          substance, that the tenant has refused to permit access to the 
          owner in order to plaster and paint the livingroom walls and 
          ceiling and that an exterminator is supplied on a monthly basis.

          The DHCR served a copy of the petition on the tenant on January 23, 
          1989.  In answer to the petition, the tenant stated that the living 
          room is the only room that was not painted. 
            
          After careful consideration, the Commissioner is of the opinion 
          that the petition should be denied.

          Pursuant to 2523.4 of the Rent Stabilization Code, a rent reduction 
          to the level in effect prior to the most recent guideline 
          adjustment is warranted based on a finding that the owner has 
          failed to maintain required services and remains in effect until it 
          is established that all services are restored.  The owner's 
          petition does not establish any basis for modifying or revoking the 
          Administrator's order which determined that there is evidence of 
          roach infestation and that the livingroom walls and ceiling are 
          peeling paint and plaster.  The Rent Stabilization Code requires 
          restoration of all conditions that an owner has been directed to 
          restore before rent restoration can be granted.  The inspector's 
          report confirmed defective conditions that were not corrected for 
          which denial of the owner's application was warranted.

          The owner's contention that the tenant has denied access is refuted 
          by the tenant and is not substantiated by adequate proof in the 
          form of letters scheduling appointments for repairs sent by regular 
          and certified mail.

          The owner may file another rent restoration application if the 
          facts so warrant.  The rent will not be restored until a rent 
          restoration Application is filed and granted.




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






          CK210152RO

          order and opinion.

          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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