DC510328RT

                                  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.: DC510328RT

                    Ruth Crank,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.: CF520208OR
                                   PETITIONER
          ------------------------------------x

            ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
                     IN PART AND MODIFYING ADMINISTRATOR'S ORDER

          On March 27, 1989, the above-named petitioner-tenant timely refiled 
          a petition for administrative review of an order issued on February 
          17, 1989 by the Rent Administrator, concerning the housing 
          accommodations known as 522 West 161 Street, various apartments, 
          New York, New York, wherein the Administrator determined that 
          certain conditions which were the subject of a rent reduction order 
          (Docket No. BC530014B) had been corrected and granted a partial 
          restoration of the rent.

          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.

          This proceeding was commenced by the filing by the owner of an 
          application to restore the rent that had been reduced by the amount 
          $22.00 per month by an order of the Administrator issued January 
          12, 1988 (BC530014B).

          An inspection was conducted by a DHCR staff inspector on November 
          18, 1988.  Thereafter, the Administrator issued an order restoring 
          the rent in the amount of $20.00 per month for various conditions 
          found to have been remedied.  The order directed the owner to apply 
          for restoration of the remaining $2.00 upon repair of the lobby 
          window and ceiling.

          In the PAR, the tenant in essence disputes the Division's 
          inspection findings stating that there is no garbage pickup, the 
          public areas are dirty, there is roach and rat infestation, and 
          there is a hole in the walk in front of the entrance door.    












          DC510328RT

          A copy of the tenant's PAR was served on the owner who responded 
          that the complaints have been corrected and all services are in 
          full force.

          After careful consideration, the Commissioner is of the opinion 
          that the petition should be granted in part.

          In order for an application to restore rent to be granted it must 
          be shown that the conditions giving rise to the rent reduction have 
          been remedied.   

          The order of January 12, 1988 which reduced the rent herein cited 
          among other things, that the garbage is not collected from the 
          apartment doors.  The record indicates that the tenants must bring 
          their garbage down to the front of the building.

          The inspection of November 18, 1988 found, in pertinent part, 
          garbage bag accumulation in front of the building.  As a result of 
          this inspection, the Administrator's order herein appealed, found 
          that garbage collection is being provided and restored the rent in 
          the amount of $3.00 for this condition.

          The Administrator's finding that garbage collection is being 
          provided appears to relate to the collection of accumulated garbage 
          by the Sanitation Department since the inspector found garbage bag 
          accumulation in front of the building.  No finding was made as to 
          the issue of the collection of garbage by the superintendent, or 
          other person, from the apartments.  It cannot be concluded from the 
          inspection report that this condition had been corrected.

          In addition, the inspection finding that garbage collection is 
          being provided is contrary to the owner's statements in connection 
          with another docket where the garbage collection issue is raised.  
          (Docket BG410170RO).  Dolphin Leasing Corp., through its agent 
          Hubert Richardson advised this agency on July 11, 1987, that 
          tenants are required to bring their garbage down to a collection 
          area outside of the building where Sanitation picks it up on 
          Mondays, Wednesdays, and Fridays.  Also, a DHCR staff inspection 
          conducted in connection with Docket No. FH530210OR found that the 
          building superintendent does not collect the garbage from the 
          apartment doors.

          The Commissioner therefore finds that the inspection of November 
          18, 1988 did not adequately investigate whether the service of 
          garbage collection from the apartments had been restored and that 
          evidence available in other proceedings adequately established that 
          at the time the subject order was issued, garbage collection from 
          the tenants' apartments had not been restored.


          The Commissioner rejects the tenant's other contentions regarding 
          the public areas and infestation in that the public areas were 






          DC510328RT

          found clean and there was no evidence of infestation at the time of 
          the November inspection.  As for the hole in the walk in front of 
          the entrance door, the Commissioner notes that such condition, if 
          it exists, was not a service reduction listed in the 
          Administrator's order of January 12, 1988 which reduced the rent.  
          The tenant may file a complaint of reduction in services if the 
          facts so warrant.

          THEREFORE, in accordance with the City Rent Law and Rent and 
          Eviction Regulations, it is

          ORDERED, that this petition be, and the same hereby is, granted in 
          part that the Rent Administrator's order be, and the same hereby 
          is, modified to revoke the restoration of rent in the amount of 
          $3.00 per month for the condition described as lack of garbage 
          collection.   

          The owner is hereby directed to refund any overpayments of rent 
          arising as a result of this order and opinion within 30 days of the 
          date of issuance hereof.

                 


          ISSUED:






                                                                     
                                             LULA M. ANDERSON
                                             Deputy Commissioner  






    

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