CJ430157RO
                                  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.: CJ430157RO

                    Adrian Longo
                    c/o Cobeco Properties,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.: CA520063B

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

            ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
                  IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER

          The above-named petitioner-owner filed a timely petition for 
          administrative review of an order issued concerning the housing 
          accommodation known as 474 West 150th Street, Various Apartments, 
          New York, 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.

          A review of the record reveals that one rent stabilized filed a 
          complaint on January 16, 1988, asserting that the owner had failed 
          to maintain certain building-wide services.

          In an answer, the owner denied the allegations set forth in the 
          complaint and otherwise asserted that Docket No. CA520063B is a 
          duplicate of Docket No. CA530116HW which was answered  on February 
          18, 1988.

          Thereafter an inspection of the subject building was conducted by 
          a DHCR inspector on July 1, 1988 who confirmed the existence of the 
          following defective conditions:

          1.   Roof is littered with rubbish and has leakage.
          2.   Water pressure is low.
          3.   Vestibule marble step is broken.  First floor marble is 
               cracked and tiles are missing.  The stairways have loose and 
               cracked threads.
          4.   Floors and steps throughout are dirty.  Need washing.  
          Courtyard is littered with garbage and rubbish.  












          CJ430157RO


          However, the following items were found to have been restored:

          1.   Door lock has been repaired.
          2.   Hot water is adequate in building.

          The Rent Administrator directed restoration of these services and 
          further ordered, a reduction of the stabilization rent to the level 
          in effect prior to the most recent guideline adjustment for the one 
          complaining rent stabilized tenant and a reduction of the maximum 
          rent of $12.00 per month for all rent controlled tenants in the 
          building. 

          In its petition for administrative review, the owner states, in 
          substance, that the current owner never received the original 
          complaint.  With regard to reduced services, the owner states that 
          the roof was cleaned and repaired in March 1988 and September 1988; 
          the vestibule step and stairways have been repaired often, only to 
          become cracked and damaged again; the floors and steps are swept 
          and washed every Monday and Thursday by the building 
          superintendent; and the courtyard is clean.  

          The DHCR served a copy of the petition on the tenants on December 
          8, 1988.  Six tenants joined in filing an answer stating that most 
          of the conditions complained of still exist, i.e., the roof still 
          leaks, the vestibule marble step is broken, stairways have loose 
          and cracked threads, and minimal care has gone into cleaning the 
          hallways and courtyards. 

          After careful consideration, the Commissioner is of the opinion 
          that the petition should be granted in part.

          Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is 
          required to order a rent reduction, upon application by a tenant, 
          where it is found that an owner has failed to maintain required 
          services.
            
          The owner's petition does not establish any basis for modifying or 
          revoking the Administrator's order which determined that the owner 
          was not maintaining required services based on a physical 
          inspection confirming the existence of defective conditions in the 
          subject building for which a rent reduction for rent stabilized 
          tenants is warranted.





          The owner's allegation that they never received the original 
          complaint is belied by the fact that an answer was received.
          However, the owner may not have recognized the Rent Administrator's 
          order reducing the rent for several tenants when the complaint it 






          CJ430157RO

          had received and answered was filed by only one tenant.

          With regard to rent controlled tenants, the Commissioner is of the 
          the opinion that the $12.00 per month rent reduction must be 
          revoked.  In the absence of even one rent controlled tenant joining 
          in signing the complaint, the owner was not on notice that the 
          jurisdiction of the Rent Control Law was being invoked and that the 
          rents of all controlled tenants in the building might be reduced. 
          It was a denial of due process to order rent reductions for rent 
          controlled tenants and that aspect of the order appealed herein is 
          revoked. 

          The owner may file a rent restoration application if the facts so 
          warrant.

          The automatic stay of the retroactive rent abatement that resulted 
          by the filing of this petition for rent stabilized tenants is 
          vacated upon issuance of this 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, granted in 
          part, and that the Rent Administrator's order be, and the same 
          hereby is, modified to delete the $12.00 per month rent reduction 
          for rent controlled tenants.  Any arrears due as a result of this 
          order may be paid off in monthly installments of $12.00 per month 
          until all arrears are repaid.


          ISSUED:



                                                                     
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner  






    

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