CG210113RO

                                  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.: CG210113RO

                    Petros Neamonitakis,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.: BJ210025B

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

            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

          On July 27, 1988, the above-named petitioner-owner filed a petition 
          for administrative review (PAR) of an order issued on June 23, 
          1988, by the Rent Administrator, concerning the housing 
          accommodation known as 1447 East 2nd Street, Brooklyn, N.Y., 
          various apartments, wherein the Administrator determined that a 
          reduction in rent was warranted based upon a reduction in services.  
          The appealed order also stated that the owner failed to file an 
          answer to the tenants' complaint.

          The Rent Administrator also directed full restoration of services.

          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 administrative appeal.

          The issue herein is whether the Rent Administrator properly reduced 
          the rent of the rent regulated apartments in the subject building.

          On September 14, 1987, the tenants filed a building-wide complaint 
          alleging that the owner failed to maintain services in the 
          building.

          The owner filed an answer to the complaint, on December 16, 1987, 
          alleging that the intercom, front door handles and radiator air- 
          valve have all been repaired or replaced and are all in good 
          working order.  The owner further alleged that the superintendent 
          always keeps the building and hallways in spotless condition.














          CG210113RO

          A DHCR inspection conducted on March 21, 1988, revealed that the 
          public area hallways were dirty and littered; that the building 
          front entrance door has a defective lock, the door handle is loose 
          and that the lobby radiator is defective.

          On appeal, the petitioner-owner asserted, in pertinent part, that 
          contrary to the Rent Administrator's statement in the appealed 
          order, he filed an answer to the tenants' complaint and that all 
          service deficiencies specified in the complaint were corrected.

          The petition was served on the tenants on September 6, 1988 and on 
          September 22, 1988, the tenants filed answers to the petition 
          stating that either repairs were not made at all or that they were 
          made in an unworkmanlike manner.

          After a careful consideration of the entire evidence of record the 
          Commissioner is of the opinion that the administrative appeal 
          should be denied.

          Pursuant to Section 2523.4(a) of the Rent Stabilization Code, a 
          tenant may apply to the Division of Housing and Community Renewal 
          (DHCR) for 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.

          Section 2202.16 of the Rent and Eviction Regulations provides that 
          an owner's failure to maintain services may result in an order of 
          decrease in maximum rent, in a amount determined by the discretion 
          of the Rent Administrator.

          The Commissioner has considered and rejects the petitioner's claim 
          on appeal that the required repairs were made prior to the issuance 
          of the Rent Administrator's order.

          A copy of the tenants' complaint was mailed to the owner on 
          December 2, 1987, and the Rent Administrator's order was issued on 
          June 23, 1988.

          It is apparent that the owner had approximately seven months to 
          attend to the complained-of conditions, but failed to do so prior 
          to the issuance of the Rent Administrator's order.

          The inspector's report showed that as of March 21, 1988, the owner 
          failed to correct all of the service deficiencies specified in the 
          tenants' complaint.

          The Commissioner notes that the Rent Administrator erred in noting 
          in the appealed order that the owner failed to answer the tenants' 






          CG210113RO

          complaint.  The record shows clearly that an answer was filed on 
          December 16, 1987 and considered below.

          Accordingly, the Commissioner finds that the owner has offered 
          insufficient reason to disturb the Rent Administrator's 
          determination.

          The Commissioner finds, that the Administrator properly based his 
          determination on the entire record, including the results of the 
          on-site physical inspection conducted on March 21, 1988, and that 
          pursuant to Section 2523.4(a) of the Code and Section 2202.16 of 
          the Rent and Eviction Regulations, the Administrator was authorized 
          to reduce the rent upon determining that the owner had failed to 
          maintain services.

          As regards the rent stabilized tenants, the automatic stay of the 
          retroactive rent abatement that resulted by the filing of this 
          petition is vacated upon issuance of this order and opinion.

          The Commissioner notes that the owner's rent restoration 
          application was granted on May 11, 1989 (Dkt. No. CI210060OR).

          THEREFORE, in accordance with the provisions of the Rent and 
          Eviction Regulations for New York City and the Rent Stabilization 
          Law and Code, it is

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


          ISSUED:



                                                                     
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner  






    

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