DG130276RO
                                  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.: DG130276RO

                    Jamaica Associates,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.: CJ130082B
                                   PETITIONER
          ------------------------------------x


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

          On July 31, 1989, the above-named petitioner-owner filed a petition 
          for administrative review (PAR) of an order issued on June 26, 
          1989, by the Rent Administrator, concerning the housing 
          accommodation known as 148-48 88th Avenue, Jamaica, N.Y., Apt. 1-G, 
          wherein the Administrator determined that a reduction in rent was 
          warranted based upon a reduction in services.

          The Rent Administrator also directed full restoration 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 
          issues raised by the administrative appeal.

          The issue herein is whether the Rent Administrator properly reduced 
          the rent of the subject apartment based upon a diminution in 
          services.

          On October 27, 1988, seventy-two tenants in this 96 unit building 
          joined in filing a building-wide services complaint alleging that 
          the owner failed to maintain services.  Specifically, the tenants 
          stated that heat and hot water services are sporadic, that the 
          incinerator has been the cause of recent fires, that elevator 
          service is frequently unavailable, that the intercom is defective, 
          that the front of the building is unsafe because there are no 
          lights, that the tenants cannot use the garage because there are 
          violations, and that trespassers are allowed to roam the building 
          because there is no security.

          The owner filed an answer to the complaint, on November 11, 1988, 
          alleging that most of the services specified in the complaint were 












          DG130276RO

          either being provided or were in the process of being corrected.  
          With respect to the garage, however, the owner stated that due to 
          vandalism and dangerous conditions related to loitering and drug- 
          related incidents, the owner chose not to use the garage.

          A DHCR inspection conducted on April 28, 1989, revealed that 
          although the owner restored a number of services, the owner failed 
          to correct the following services:

          1.   The intercom system is inaudible.
          2.   The building entrance lighting is defective.
          3.   The use of the garage has been discontinued.

          Based on the inspection results, the Rent Administrator issued an 
          order reducing the rent of all stabilized tenants in the building 
          who signed the complaint.  The petitioner-owner is appealing the 
          order issued for Apt. 1G only and asserts, in pertinent part, that 
          all services in the building are being maintained and that the 
          items specified in the rent reduction order were de minimis items 
          not worthy of a rent reduction.

          The petition was served on the tenant on October 30, 1989, and on 
          December 6, 1989, the tenant filed an answer to the petition 
          stating that the owner was not maintaining services.

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

          Pursuant to Section 2523.4(a) of the rent Stabilization Code, a 
          tenant may apply to the Division of Housing and Community Renewal 
          (DHCR) for a reduction of the legal regulated rent to the level in 
          effect prior to the most recent guidelines adjustment, and the DHCR 
          shall so reduce the rent for the period for which it is found that 
          the owner has failed to maintain required services.

          Required services are defined in Section 2520.6(r) of the Rent 
          Stabilization Code as that space and those services the owner was 
          maintaining or was required to maintain on the applicable base 
          date.

          A review of the record before the Commissioner clearly shows that 
          the owner did not submit any evidence that the deficiencies noted 
          in the inspection of April 28, 1989, had been corrected.

          The record reveals that the owner had ample opportunity to make all 
          repairs in a workmanlike manner, but had failed to do so before the 
          issuance of the Rent Administrator's order.
          The Commissioner has also considered and rejects petitioner's 
          claims on appeal that the conditions found below are minor in 
          nature and not rent-reducing items.  A defective intercom system 
          and defective building entrance lighting are service deficiencies 






          DG130276RO

          worthy of the owner's attention.  Garage use is also a base date 
          service that the owner may not unilaterally discontinue.

          The Commissioner further finds that the Administrator properly 
          based his determination on the entire record, including the results 
          of the on-site physical inspection conducted on April 28, 1989, and 
          that pursuant to Section 2523.4(a) of the Code, the rent reductions 
          ordered by the Administrator, based on a determination that the 
          owner had failed to maintain services, were warranted.

          Accordingly, the Commissioner also finds that the owner has offered 
          insufficient reason to disturb the Rent Administrator's 
          determination.

          The automatic stay of the retroactive rent abatement that resulted 
          by the filing of this petition is vacated upon issuance of this 
          order and opinion.

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

          THEREFORE, in accordance with the provisions of the Rent 
          Stabilization Law and Code, it is

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


          ISSUED:






                                                                     
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner  






    

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