CG210122RO 
                                  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.: CG210122RO
                                                  
          SANDY R. JAMIESON                       RENT
                                                  ADMINISTRATOR'S DOCKET
                                                  NO.: BI210029S 
                                  PETITIONER            
          ----------------------------------x


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                          

          On July 5, 1988 the above named petitioner-owner filed a Petition 
          for Administrative Review against an order of the Rent 
          Administrator issued on June 21, 1988 concerning the housing 
          accommodations known as Apt. 1H, 125 Ocean Avenue, Brooklyn, NY, 
          wherein the Administrator determined that certain services wee not 
          being maintained, directed restoration of such services, and 
          ordered a rent reduction.

          The Commissioner has reviewed all the evidence of record and has 
          carefully considered that portion relevant to the issues raised on 
          appeal.

          A review of the record reveals that the tenant filed a complaint on 
          September 10, 1987 in which she alleged that the owner had failed 
          to make necessary repairs to certain conditions in her apartment.

          In response to the complaint, the owner asserted that the tenant 
          has unreasonably denied access for the completion of repairs, that 
          a reconditioned refrigerator offered to the tenant was refused and 
          that some repairs were done only because the tenant's son admitted 
          that workers when the tenant was not home.

          A physical inspection of the tenant's apartment by a DHCR inspector 
          on October 28, 1987 revealed that the refrigerator freezer door was 
          broken off, there was a hole in the floor in the living room, the 
          living room walls and bedroom walls were painted in an 
          unworkmanlike manner, and the windows in the bedroom had rotten 
          frames and a broken pane of glass.
















          CG210122RO



          A second inspection, on notice to both parties, was scheduled for 
          March 23, 1988.  The inspector reported that the managing agent, 
          the super, a painter, a plumber, and the tenant were present and 
          that all repairs were completed except for the holes in the living 
          room floor, the leaking faucet in the bathtub,  and holes in the 
          kitchen floor.

          On May 19,1988, in response to a request by the Administrator, the 
          tenant advised that the remaining repairs had not been made.

          Based on the inspection report and the tenant's statement, the rent 
          reduction order appealed herein was issued.

          In the petition for administrative review, the owner asserts that 
          the Administrator ignored the owner's answer to the complaint in 
          which  the tenant's unreasonable refusal to permit access was 
          established.

          The petition was served on the tenant on August 23, 1988.

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

          Section 2523.4 of the Rent Stabilization Code requires DHCR to 
          order a rent reduction, upon application by a tenant, where it is 
          found that the owner has failed to maintain required services.  
          Required services are defined by Section 2520.6(r) to include 
          repairs and maintenance.

          In the instant case, the Rent Administrator's determination that 
          the owner had not made necessary repairs is supported by the 
          evidence of record including the two physical inspections by DHCR.  
          Contrary to the allegations in the petition, the owner's answer to 
          the complaint was considered by the Administrator.  It was because 
          of the assertion (with supporting documentation) that the tenant 
          was refusing access, that the inspection (for access) was scheduled 
          on notice to both parties.  The owner was directed to have workers 
          present ready to perform repairs at the scheduled inspection.  
          Although the owner and certain repairpersons were present, the 
          repairs to the holes in the floors and to the leaking faucet were 
          not done.  For these conditions, the rent reduction ordered by the 
          Administrator was warranted.






          The Division's records reveal that the rent has been restored 
          (CG210022OR).






          CG210122RO


          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 order be and the same hereby is affirmed.
                   
          ISSUED:


                                                                             
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner
                                   






    

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