CK120176RT
                                  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.: CK120176RT

                    James McGowan,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.: CB120096OR
                                   PETITIONER
          ------------------------------------x

            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

          On November 23, 1988, the above-named petitioner-tenant filed a 
          petition for administrative review (PAR) of an order issued October 
          18, 1988, by the Rent Administrator, concerning the housing 
          accommodation known as 34-15 37th Avenue, Long Island City, N.Y., 
          Apt.#35, wherein the Administrator granted the owner's rent 
          restoration application based upon a finding that heat and hot- 
          water services had been restored.

          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 
          granted the owner's application.

          The owner commenced this proceeding by filing an Application For 
          Rent Restoration on February 18, 1988, stating that services for 
          which a rent reduction order had been issued by the Administrator, 
          on April 27, 1987, under Docket No. BC120066HW had been restored.

          The tenant filed an answer to the application on April 2, 1988, 
          alleging that the owner failed to make the necessary repairs as 
          stated in the owner's application.

          A DHCR inspection conducted on September 19, 1988, revealed that 
          heat was not required at the time of the inspection because the 
          outside temperature was 79@.  The inspector further found that the 
          apartment had adequate hot-water.

          On appeal, the petitioner-tenant asserted, in pertinent part, that 
          although the owner had restored heat and hot-water services, there 












          CK120176RT

          were other repairs that the owner failed to correct.

          The petition was served on the owner on December 15, 1988.

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

          The owner, on proof of restoration of those services which were the 
          subject of the Rent Administrator's reduction order is, by law, 
          entitled to an order granting its rent restoration application.

          The record clearly shows that the Rent Administrator in granting 
          the owner's restoration application, based the findings on results 
          of an inspection held by the Division of Housing and Community 
          Renewal, on September 19, 1988, which revealed that the owner was 
          maintaining heat and hot-water services specified in the 
          Administrator's rent reduction order of April 27, 1987.

          The Commissioner notes that the Rent Administrator also reduced the 
          rent of the subject apartment by $11.00 per month, on October 7, 
          1987, under Docket No. BC120220S, based on the owner's failure to 
          repair the master bedroom and livingroom ceilings and walls which 
          were leak-damaged.

          The owner's application for restoration of the rent reduced by 
          order ZBC120220S, was denied by the Rent Administrator under Docket 
          No. CC120157OR, but the owner's application for restoration of the 
          rent reduced because of the failure of the owner to provide heat 
          and hot-water services was granted on October 18, 1988, under 
          Docket No. CB120096OR.

          The Commissioner finds, therefore, that the tenant has not been 
          aggrieved by the appealed order and that by petitioner's own 
          statement, on appeal, the owner had restored heat and hot-water 
          services.

          Accordingly, the Commissioner finds that the Administrator properly 
          based his determination on the entire record, including the 
          tenant's own statement that the heat and hot-water complaint has 
          been resolved and that the Administrator properly restored the rent 
          by 7% of the maximum collectible rent upon determining that the 
          owner had restored these services.

          The $11.00 per month rent reduction for other defective conditions 
          is not affected by the determination herein.


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

          ORDERED, that this petition be, and the same hereby is, denied, and 






          CK120176RT

          the Administrator's order be, and the same hereby is, affirmed.
                   


          ISSUED:






                                                                     
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner  






    

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