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 
APPEAL OF                                  DOCKET NO.: DJ420235RO

                                    :      RENT ADMINISTRATOR'S
                                           DOCKET NO.: CJ420369S
Norman Silver c/o
Walter & Samuels Inc.               :


                    PETITIONER      :
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       ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

On October 29, 1989,the above-named petitioner-owner filed a petition for 
administrative review of an order issued on October 16, 1989, by the Rent 
Administrator, concerning the housing accommodation known as 121 West 72nd 
Street, New York, N.Y. Apt. 6-D, wherein the Administrator determined that 
the maximum legal rent for the subject rent controlled apartment should be 
reduced by $2.00 per month based upon a diminution of services. 

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

The issue herein is whether the Rent Administrator properly reduced the rent 
of the subject rent controlled apartment by $2.00 per month based upon a 
diminution of service.

On appeal, the petitioner-owner asserted that although storage space has been 
provided to all tenants in the past, there is no new storage space available 
presently. 

The petition was served on the tenant on February 20, 1990, and in an answer 
dated February 27, 1990, the tenant stated that the landlord stopped 
providing storage space years ago, that his statement reconfirms this, and 
that the owner has not complied with the order to restore this service.

In a reply dated March 14, 1990, the owner stated that management had not 
taken away existing storage space but additional space cannot be provided due 
to lack of room.  The owner invited DHCR to inspect.

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

On October 13, 1988, the tenant filed an Individual Tenant Statement of 
Complaint of Decrease in Services alleging that he was being deprived of 
storage space access.






     Doc. #DJ420235RO


     In answer to the complaint, the owner stated that storage space has been 
     allocated on an available basis and at the present time, no further storage 
     space is available to any tenants.
                       
     For rent controlled tenants, Section 2202.16 of the Rent and Eviction 
     Regulations provides that a finding that an owner has failed to maintain 
     services may result in an order of  decrease in maximum rent, in an amount 
     determined by the discretion of the Rent Administrator.  No request for a 
     rent reduction is required.

     The Commissioner has considered the owner's argument on appeal that there was 
     no reduction in storage space services and rejects same.

     The owner has not stated that the complaining tenant never had storage space 
     nor does he contend that such space has been restored to the tenant.

     In an attempt to clarify the situation, the Commissioner arranged for the 
     premises to be inspected, with notice to both parties.  The inspector was 
     instructed to ascertain the size and location of any storage space, how 
     access to it is obtained, and whether all available space is being fully 
     utilized.

     The inspector visited the premises on January 28, 1993, and reported that the 
     super was present but was unable to grant access to the basement where the 
     storage space is purportedly located.  The super advised that the key is held 
     by the Co-op Board Director.

     Based on the owner's failure to cooperate with the Division in arranging for 
     the inspector to obtain access to the storage area, the Commissioner as of 
     the opinion that the owner's petition should be denied.

     In accordance with authority provided by Section 2202.16, the Administrator 
     ordered an appropriate rent reduction to reflect the decreased rental value 
     of the subject housing accommodations because of the elimination of storage 
     space which the owner does not dispute was a service provided to the tenant 
     on the base date.  The Administrator also properly directed the owner to 
     restore this service.

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

     The tenant is advised to commence noncompliance proceedings against the owner 
     if the owner fails to restore storage space services.

     Upon a restoration of services the owner may separately apply for a rent 
     restoration. 


     ISSUED:                                                                     
                                              Joseph A. D'Agosta
                                              Deputy Commissioner


                                     -2-




                                     




    

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