CK110098RO
                                  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


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          IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
          APPEALS OF                              DOCKET NO.:CK110098RO     
                                                             CL110062RT      
          Fans Associates, Owner and
          Walter Goldstein, Tenant                RENT
                                                  ADMINISTRATOR'S DOCKET
                                                  NO.: BJ110945S 
                                  PETITIONERS           
          ----------------------------------x


          ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW IN 
                    PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
                                          
          On November 21, 1988 and December 7, 1988 the above named 
          petitioner-owner and tenant filed Petitions for Administrative 
          Review of an order issued on November 3, 1988, by the Rent 
          Administrator, concerning the housing accommodations known as Apt. 
          6I, 149-43 35 Avenue, Flushing, NY wherein the Rent Administrator 
          found that the owner was not maintaining certain required services, 
          directed restoration of such services, and ordered a rent 
          reduction.  The order also found that certain services complained 
          of were being maintained.

          The Commissioner has reviewed the record and carefully considered 
          that portion relevant to the issues raised by these appeals.
           
          A review of the record reveals that on October 30, 1987, the tenant 
          filed a statement of complaint of decrease in services in which he 
          asserted that the window blinds need to be repaired, the shower 
          pressure is inconsistent, the air conditioner does not cool down 
          the apartment, water and air seep through the air conditioner in 
          stormy weather, the elevator and boiler are constantly being shut 
          down for repair, and there is insufficient heat in the apartment.  
          The tenant included with the complaint a copy of his lease for the 
          1977-80 term which contains the following clauses:

               The apartment contains air conditioning equipment in 
               proper working order, which shall remain the property of 
               the Landlord.  The Tenant agrees to maintain the said 
               air-conditioning equipment at the tenant's expense. 

               Landlord agrees to paint apt. and record blinds at its 
               expense. 













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          In answer to the complaint, the owner stated that it was determined 
          in prior proceedings that the blinds and air conditioner belong to 
          the tenant, that the shower pressure was checked and found to be in 
          good condition, that sufficient heat is provided to each apartment, 
          and that the elevator and boiler are repaired and maintained in 
          proper condition.

          In reply, the tenant submitted a copy of a brochure advertising the 
          subject building complex when it was built in 1965.  The brochure 
          states that "free air-conditioning" and "venetian blinds and 
          screens" are included in the rent.
            
          A physical inspection by DHCR on June 22, 1988 revealed that "the 
          studio slats cord and tapes are rotted" on the venetian blinds, the 
          shower was mixed to 100 degrees and fluctuated 12 degrees, the air 
          conditioner coil temperature was 72 degrees, there was no evidence 
          of a defective elevator, the hot water temperature in the apartment 
          was above 120 degrees, and the master TV antenna was connected to 
          the tenant's TV but all the stations were snowy indicating a low 
          signal.

          A second inspection on October 18, 1988 revealed signs of a water 
          leak around the air conditioner unit and air seepage due to the 
          rotted window sill.

          In the order appealed herein, the Rent Administrator reduced the 
          legal regulated rent for this rent stabilized apartment to the 
          level in effect prior to the last guidelines adjustment for the 
          following conditions:

               1.  Defective master antenna, low signal.
               2.  Low water pressure in shower.
               3.  Wall area around the livingroom air conditioner showed    
                   signs of water leak and air seepage.

          The order stated that the following services were resolved:

               1.  Hot water adequate (above 120 degrees F.)
               2.  No evidence of defective elevator.

          The issues of window blinds and air conditioner were found to have 
          been resolved in a prior docket.

          In the petition for administrative review, the owner states that 
          the tenant did not complain about the master TV antenna, that there 
          is no guideline for what constitutes "low" water pressure, and that 
          the part of the air conditioner which caused the leak has been 
          repaired and the leak damage is scheduled to be repaired the next 
          week.
          The petition was served on the tenant on January 25, 1989. In 
          response, the tenant stated that the defective Master TV antenna 






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          was repaired but the low water pressure and air seepage conditions 
          were not corrected.  The tenant added that the owner had sent a 
          worker to repair the leak damage.

          The tenant, in his petition, questions the Rent Administrator's 
          determination regarding the blinds and air-conditioner.  The tenant 
          resubmitted the aforementioned brochure and lease for the 1977-80 
          term, and copies of determinations by DHCR pertaining to other 
          tenants in the same building wherein it was determined that the 
          owner must replace blinds if they become irreparable and must 
          repair the air conditioner units not more than once during each    
          lease term.

          The tenant's petition was served on the owner on January 6, 1989.  
          In response, the owner states that the other determinations by 
          DHCR, on which the tenant relies, concerned other tenants in the 
          building who signed leases with different landlords and the leases 
          contained different terms and conditions which are not applicable 
          to the tenant herein.

          After careful consideration of the entire evidence, the 
          Commissioner is of the opinion that both the owner's and tenant's 
          petitions should be granted in part and the Rent Administrator's 
          order should be modified.

          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 the owner has failed to maintain required 
          services.  Required services are defined in Section 2520.6(r) as 
          that space and those services which the owner was maintaining or 
          was required to maintain on the applicable base date.  For the 
          subject building which was built in 1965, the applicable base date 
          for building-wide and individual dwelling unit services is May 29, 
          1974.

          The Commissioner finds first that the tenant did not make any 
          mention of the master TV antenna in his complaint.  The 
          determination regarding the "low signal" must, therefore, be 
          deleted as a basis for a rent reduction.  As for the water pressure 
          and the air conditioner, the inspection adequately supports the 
          Administrator's determination that necessary repairs were not done 
          and the rent reduction ordered by the Administrator for these 
          conditions is warranted.  The inspector reported extreme 
          fluctuation in the water temperature.  The adequacy of the repairs 
          to correct this condition will be determined in a rent restoration 
          proceeding.  As for the water seepage from the air conditioner, the 
          owner admits in the petition that the damage from this leakage was 
          not repaired at the time the Administrator's order was issued.
          With regard to the tenant's petition, the Commissioner is of the 
          opinion that Rent Administrator's order should be modified to 
          clarify the responsibilities of the parties pertaining to the air 
          conditioner and venetian blinds.  The evidence of record, including 














          the brochure advertising the building when it was first built, the 
          1977-80 lease and the prior determinations by this agency 
          concerning this and other tenants establishes that the venetian 
          blinds were provided to tenants and included in the rent and that 
          the owner undertook responsibility for re-cording the blinds, if 
          necessary.  Inasmuch as the inspection found that re-cording was 
          required, this condition must be added to the rent reduction order 
          being appealed herein.  

          The Division's records reveal that the owner filed a rent 
          restoration application (Docket No. DF110102OR) which was denied on 
          March 5, 1990, and that no subsequent application has been filed.  
          The owner is advised that the rent will be restored only when 
          another application is filed and granted, and any such application 
          must establish that, in addition to the services cited in the order 
          appealed herein, the blinds have been re-corded as necessary.  

          As for the air conditioner units, these are consistently purported 
          to belong to the owner, with the tenant responsible for their 
          maintenance.  The term maintenance, however, connotes routine care 
          such as cleaning the units and replacing the filters but does not 
          entail repairs to defective components or replacement of the units 
          if they become irreparable.  The unit in the tenant's apartment was 
          found to provide adequate cooling and required repairs only to 
          correct the water and air seepage.  The Rent Administrator properly 
          reduced the rent for these conditions only. If the air conditioner 
          become irreparable or requires further repairs, the tenant is 
          advised to file another complaint.  

          Therefore, in accordance with the Rent Stabilization Law and Code, 
          it is

          ORDERED that these petitions be and the same hereby are granted in 
          part and the Rent Administrator's order be and the same hereby is 
          modified to deleted the master TV antenna as a condition requiring 
          repair, to add re-cording of the venetian blinds as a service the 
          owner must provide, and to affirm the Rent Administrator's order in 
          all other respects.

          ISSUED:


                                                                             
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner
                              
    

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