DA410143RO
                                  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.: DA410143RO 
                                                                        
          BEACWAY OPERATING CORP.                 RENT
                                                  ADMINISTRATOR'S DOCKET 
                                                  NO.: BK420738S
                                PETITIONER              
          ----------------------------------x


            ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
                       AND REVOKING RENT ADMINISTRATOR'S ORDER

               On January 19, 1989 the above-named petitioner-owner filed a 
          Petition for Administrative Review against an order of the Rent 
          Administrator issued December 12, 1988. The order concerned housing 
          accommodations known as Apt. 1208 located at 2130 Broadway, New 
          York, N.Y.  The Administrator directed restoration of services and 
          ordered a rent reduction for failure to maintain required services. 

               The Commissioner has reviewed the record and carefully 
          considered that portion relevant to the issues raised by this 
          appeal.

               The tenant commenced this proceeding on November 17, 1987 by 
          filing a Statement of Complaint of Decrease in Services wherein  
          she alleged that the owner was not maintaining certain required 
          apartment services including the failure to provide maid service 
          and the fact that the owner had not restored the apartment drapes 
          after painting.

               The owner was served with a copy of the complaint and afforded 
          an opportunity to respond. The owner filed a response on February 
          10, 1988 and stated, in relevant part, that the tenant had refused 
          the owner's offer to replace the drapes, desiring instead to have 
          the owner hang drapes of her choosing. The owner also stated that 
          a prior DHCR order had adjudicated the portion of the complaint 
          regarding maid service, ruling that the tenant was entitled to a 
          rent reduction when she voluntarily gave up maid service.
           
               The Administrator ordered a physical inspection of the subject 
          apartment.  The inspection was conducted on September 8, 1988 and 
          revealed that maid service was not being provided and that the 
          drapes in question had not been replaced.  All other services were 
          found to have been maintained.












          DA410143RO


               The Administrator issued the order here under review on 
          December 12, 1988 and ordered a rent reduction based on the 
          inspector's report.

               On appeal the owner, represented by counsel, states that the 
          DHCR has already adjudicated the maid service issue in Docket No. 
          6365, issued July 17, 1985.  The Administrator ruled that the 
          apartment registration statement should be amended to reflect the 
          fact that the tenant voluntarily gave up maid service and was 
          granted a $20.00 per month rent reduction.  The Administrator also 
          found that the apartment furniture is the property of the tenant 
          and not the owner.  With regard to the issue of the drapes, the 
          owner states that it was willing to restore them but the tenant 
          objected to the design and color the owner was using.  The petition 
          was served on the tenant on February 24, 1989.

               The tenant filed a response on March 9, 1989 and stated, in 
          sum, that the order here under review was correctly issued and 
          should be affirmed. 
           
               After careful review of the evidence in the record, the 
          Commissioner is of the opinion that the petition should be granted 
          and the order here under review should be revoked.

               With regard to the issue of apartment maid service, the owner 
          is correct in stating that the DHCR has adjudicated the issued in 
          1985. In Order No. 6365 the Administrator ruled that the apartment 
          registration statement should be amended to reflect that the fact 
          that the tenant had voluntarily given up maid service and would be 
          granted a $20.00 per month rent reduction.  The Commissioner also 
          notes that the owner has filed for rent restoration and, in Docket 
          No. DD410035OR, the Administrator found that the rent should be 
          restored based on the order issued in Docket No. 6365.  The finding 
          regarding the maid service is revoked.

               The finding regarding the drapes is also revoked.  The 
          evidence of record, including a letter written by the complaining 
          tenant to the owner, supports the owner's contention to the effect 
          that the tenant refused the owner's offer to hang drapes, insisting 
          instead that she was dissatisfied with the owner's choice of style 
          and color.  The Commissioner also notes that Order No. 6365 ruled 
          that the tenant was responsible for maintaining the furniture in 
          the apartment, which includes the drapes.  The order here under 
          review is revoked.
            
               THEREFORE, pursuant to the Rent Stabilization Law and Code it 
          is 

               ORDERED, that this petition be, and the same hereby is, 
          granted, and that the Rent Administrator's order be, and the same 
          hereby is, revoked.  Any arrears owed by the tenant as a result of 






          DA410143RO

          this order and opinion may be paid off in twelve (12) equal monthly 
          installments or immediately if the tenant vacates the apartment.

          ISSUED:



                                                                             
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner
                                   






    

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