DH610050RO
                                  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.:
                                                       DH610050RO
                     MARVIN YASGUR,  
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.:
                                   PETITIONER          DE610270S  
          ----------------------------------x     


                    ORDER AND OPINION GRANTING, IN PART, PETITION
                              FOR ADMINISTRATIVE REVIEW


          The above-named owner filed a timely Petition for Administrative 
          Review (PAR) of an order issued on June 29, 1989, concerning the 
          housing accommodations known as 2260 Olinville Avenue, Apartment 
          1-A, Bronx, New York, wherein the Rent Administrator determined the 
          tenant's complaint of decreased 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 petition.

          The tenant commenced this proceeding by filing a complaint on May 
          11, 1989, asserting that the owner had failed to maintain certain 
          services in the subject apartment.  The complaint was mailed to the 
          owner on May 23, 1989.

          An inspection of the subject apartment was conducted on June 12, 
          1989, by a Division of Housing and Community Renewal (DHCR) 
          inspector, who reported that the bathroom ceiling required 
          painting, that the kitchen stove pilot light needed to be replaced, 
          that a bedroom wall was water damaged and had a defective 
          electrical outlet, and that the mailbox needed to be serviced.  
          Other conditions were not substantiated or were found to have been 
          corrected.

          In an answer, dated June 7, 1989, postmarked stamped June 12, 1989, 
          and received on June 14, 1989, the owner denied certain of the 
          allegations set forth in the complaint.  The owner also asserted 
          that he had contracted to have the apartment plastered and painted. 












          DH610050RO





          The Rent Administrator directed restoration of the services 
          decreases found on inspection and ordered a reduction of the 
          stabilization rent, without consideration of the owner's answer.

          In this petition for administrative review the owner, in substance, 
          argues that he was denied due process, in that the inspection upon 
          which the order is based occurred prior to the DHCR receipt of the 
          owner's answer and prior to the expiration of the twenty-day period 
          the owner was permitted to respond to the tenant's allegations. 

          After careful consideration the Commissioner is of the opinion that 
          the petition should be granted in part, as more fully set forth 
          below.

          The inspection took place exactly twenty days from the date of 
          service of the complaint on the owner.  Although the owner timely 
          answered below that he had contracted to have the apartment painted 
          and plastered, the answer was received after the inspection.   The 
          Rent Administrator completed processing without giving any 
          consideration to the owner's assertion in the answer that he was 
          not ignoring his obligations but was in the process of plastering 
          and painting.  Consequently, this condition must be revoked as a 
          basis for the rent reduction.

          However, the record does not establish any other basis for 
          modifying or revoking the Rent Administrator's order which 
          determined that the owner was not maintaining other required 
          services.  In the answer, the owner had denied that the stove, 
          mailbox and electrical outlets were defective, and did not indicate 
          that any corrective action would be undertaken concerning these 
          items.  The Rent Administrator's order granting a rent reduction 
          for these defects was proper and should be affirmed.

          Division records also reveal that the Rent Administrator issued an 
          order on January 24, 1990, that granted the owner's rent 
          restoration application under Docket No. DG610165OR.


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














          DH610050RO



          ORDERED, that this petition be, and the same hereby is, granted, in 
          part and that the Rent Administrator's order be, and the same 
          hereby is, modified to revoke bathroom ceiling not painted and 
          second bedroom water damaged wall as predicates for the rent 
          reduction.  In all other respects the Rent Administrator's order is 
          affirmed.


          ISSUED:



                                                                                           
                                                                      JOSEPH D'AGOSTA  
                                                       Deputy Commissioner








    

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