CJ430046RT


                                  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.: CJ430046RT  
                           
                    VARIOUS TENANTS OF 
               135 MOTT STREET, NEW YORK, N.Y.,      RENT ADMINISTRATOR'S
                                                     DOCKET NO.: BL430125OR  
                                       PETITIONER
          -------------------------------------x

          ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

          On October 17, 1988, the above-named petitioner-tenants filed a 
          petition for administrative review (PAR) of an order issued on     
          September 23, 1988, by the Rent Administrator, concerning the 
          housing accommodations known as 135 Mott Street, various 
          apartments, New York, N.Y., wherein the Administrator granted the 
          owner's application to restore rent, that had been established at 
          $1.00 per month for all apartments in the building in Docket No. 
          BB430134B issued on October 22, 1987.

          The appealed order stated that based upon the entire record and 
          considering all the equities involved, the Rent Administrator found 
          that although the owner restored the apartments to a habitable 
          level, there are still repairs to be made in public areas according 
          to the findings of a physical inspection held on March 30, 1988, 
          which showed:

                    1.   No garbage cans are provided in the building.

                    2.   Back yards are dirty and scraps of meat are all 
                         over the yard due to a meat shop in the building.

          The order further stated that the rent was to be restored effective 
          February 1, 1988 to the level prior to the day of the fire 
          (February 10, 1987) minus a rent guideline increase effective the 
          first day of the month after the tenants move back in to the 
          apartments.

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













          CJ430046RT



          The issue herein is whether the Rent Administrator properly granted 
          the owner's rent restoration application.

          On December 22, 1987, the owner filed a rent restoration 
          application, alleging that all necessary repairs to correct the 
          fire damage to the building, which was the subject of the rent 
          reduction order issued under Docket No. BB430134B were completed.

          The tenants filed an answer to the application alleging, in 
          substance, that the owner failed to restore all services.

          A DHCR inspection conducted on March 30, 1988, revealed that the 
          owner restored the apartments to a habitable level but that there 
          were still repairs to be made in the public areas.

          On appeal, the petitioner-tenants asserted, in pertinent part, that 
          services were not restored when the owner filed the restoration 
          application, that repairs were made only after the tenants 
          commenced legal proceedings and that the owner failed to make full 
          service restoration and that services were still curtailed.

          The petition was served on the owner on December 2, 1988 and on 
          December 16, 1988 the owner filed an answer to the petition stating 
          that the tenants were returned to occupancy starting in February, 
          1988 and that all repairs have been made.

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

          The owner, on proof that fire damaged apartments have been made 
          habitable is, by law, entitled to restoration of the rent to the 
          pre-fire level.

          The record shows that the Rent Administrator in granting the 
          owner's restoration application, based his findings on the results 
          of an inspection held by the DHCR on March 30, 1988, which revealed 
          that the apartments were habitable but that certain building-wide 
          services were not being maintained.

          The Commissioner deems it appropriate to rely on the results of the 
          Division's inspection and finds that the petitioner failed to 
          adduce convincing evidence that the inspector's findings were 
          erroneous in any way.

          This order is issued without prejudice to the tenants' continuing 
          right to file an appropriate application for a rent reduction for 
          a diminution of services in individual apartments or the public 
          areas.








          CJ430046RT


          THEREFORE, in accordance with the provisions of the Rent 
          Stabilization Law and Code, 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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