CF410085RO
                                  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.: CF410085RO
                                                  
          JOSEPH PECORARO                         RENT
                                                  ADMINISTRATOR'S DOCKET 
                                                  NO.: CB410132S
                                  PETITIONER            
          ----------------------------------x


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                          
               On June 3, 1988 the above named petitioner-owner filed a 
          Petition for Administrative Review against an order of the Rent 
          Administrator issued May 9, 1988. The order concerned housing 
          accommodations known as Apt 5-FS located at 1431 First Avenue, New 
          York, N.Y.  The Administrator established the tenant's rent at 
          $1.00 per month pursuant to Section 2522.6 of the Rent 
          Stabilization Code, based on the fact that the tenant had to 
          involuntarily vacate the subject apartment after a fire.

               The Commissioner has reviewed the record and carefully 
          considered that portion relevant to the issues raised by this 
          appeal.

               The tenant commenced this proceeding on February 19, 1988 by 
          filing a Statement of Complaint of Decrease in Services and stated, 
          in sum, that her apartment had been rendered uninhabitable as the 
          result of a fire on February 17, 1988. 

               The owner was served with a copy of the complaint and afforded 
          an opportunity to respond. The owner filed a response on March 12, 
          1988 and stated, in sum, that water, heat and temporary electricity 
          had been restored to the apartments in the building, that other 
          repairs were in progress and that the owner was willing to accept 
          a rent of $1.00 for the month of March.
           
               The Administrator ordered a physical inspection of the subject 
          apartment.  The inspection was conducted on March 25, 1988.  The 
          apartment was reinspected on April 7, 1988.  The inspector reported  
          that gas was not being provided and that 2 living room windows were 
          boarded up with plywood. 

               The Administrator issued the order here under review on May 9, 
          1988 and established the tenant's rent at $1.00 effective February 












          CF410085RO

          17, 1988, the date of the fire.

               On appeal the owner, as represented by counsel, states that 
          the owner was not given a full and fair opportunity to be heard in 
          that, on April 27, 1988 the owner's attorney submitted a request to 
          be given until May 2, 1988 to file a supplementary answer but the 
          Administrator issued the order here under review on May 9, 1988.  
          The owner further states that a rent reduction was not warranted 
          because the apartment was never rendered uninhabitable and because 
          the tenant was subjected to "minor inconveniences" in service 
          reductions.  Finally, the owner states that the service reductions 
          found by the Administrator were de minimis and promptly corrected 
          by March 27, 1988.  The petition was served on the tenant on July 
          6, 1988.

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

               With regard to the owner's argument that it was not given a 
          full and fair opportunity to be heard, the Commissioner notes that 
          the owner filed an answer on March 12, 1988 wherein it agreed to 
          accept a rent of $1.00 for the month of March based on the 
          admission that services had been disrupted.  The owner's April 27, 
          1988 request for additional time to answer was received by the 
          Administrator only after the order was issued.

               With regard to the owner's argument that the service 
          reductions were de minimis, the Commissioner finds that the fact 
          that the tenant did not have gas in the apartment can not be 
          charactorized as a "minor inconvenience".  The order here under 
          review was correctly issued and is affirmed.

               The Commissioner notes that, on September 30, 1988 a stay of 
          the prospective application for the Administrator's order was 
          granted.  This stay, as well as the automatic stay of the 
          retroactive rent abatement that resulted from the issuance of the 
          Administrator's order is vacated upon issuance of this order and 
          opinion.  The owner may file for rent restoration if services have 
          been fully restored.  The Commissioner notes that rent restoration 
          should be granted, if appropriate, effective the date upon which 
          the owner establishes that the apartment was rendered habitable.

               THEREFORE, pursuant to the Rent Stabilization Law and Code it 
          is 














          CF410085RO



               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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