DC110434RO





                                    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.:             
                                                  DC110434RO
                   LEONEDAS REALTY,   
                                                  RENT ADMINISTRATOR'S
                                                  DOCKET NO.:
          ----------------------------------x     BB110488S 



            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW


          On March 21, 1989, the above-named petitioner-owner timely refiled 
          a petition for administrative review (PAR) of an order issued on 
          September 14, 1987, by the Rent Administrator, concerning the 
          housing accommodation known as 103-19 68th Road, Apartment 4-L, 
          Forest Hills, New York, wherein the Rent Administrator determined 
          that the dishwasher is a required service and directed the owner to 
          repair same.

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

          The proceeding was commenced with the filing of a complaint of a 
          decrease in services dated February 15, 1987, stating that the 
          owner had refused to service the dishwasher which was in the 
          apartment when the tenant moved in in 1975.  A copy of the tenant's 
          complaint was served on the owner on March 24, 1987, who responded 
          with a request for additional time to answer.  The record does not 
          contain the owner's answer to the complaint, if one was filed.  

          Thereafter an inspection conducted by a Division employee verified 
          that the dishwasher was not working.  

          On September 14, 1987 the Administrator issued its order directing 
          the owner to restore the service.  The order did not direct a rent 
          reduction.












                    






          In the petition for administrative review, the owner states that 
          the dishwasher was not provided by the owner, but was installed by 
          the tenant in violation of the lease and is not a required service.
          In support of its position, the owner submitted a copy of the lease 
          covering the period January 1, 1986 to December 31, 1987 which, in 
          relevant part, prohibits the tenant from installing a dishwasher.  
          Also submitted was a copy of the initial registration on which are 
          checked a stove and refrigerator only as equipment included with 
          the apartment.  The lease and registration were also submitted by 
          the owner in a compliance proceeding commenced after the Adminis- 
          trator's order was issued.

          After careful consideration, the Commissioner is of the opinion 
          that the petition should be denied.

          The owner submitted no evidence below to support its position that 
          the tenant installed the appliance.  Appliances pre-existing in the 
          apartment which have been abandoned by prior tenants become the 
          property of the owner and therefore, apartment equipment, unless 
          ownership thereof is disavowed by the owner in the initial lease.  
          The tenant's initial lease was not made part of the record herein. 
          A later lease and other documents which were submitted with the 
          PAR, in addition to being irrelevant to the issue herein, are 
          outside the scope of review in this administrative appeal.

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


          ISSUED:




                                                                           
                                                JOSEPH A. D'AGOSTA
                                                Deputy Commissioner