DJ210132RO
                                  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.: DJ210132RO
                                                       (Refile of DH230140RO)
                    David Alvey,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.: CJ230068B
                                   PETITIONER
          ------------------------------------x


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

          The above-named owner filed and perfected a timely petition for 
          administrative review of an order issued on July 13, 1989 
          concerning the housing accommodations known as 7913 Bay Parkway, 
          Brooklyn, New York, wherein the Rent Administrator determined the 
          tenants' complaint of decreased building-wide services.

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

          The tenants commenced this proceeding by filing a complaint 
          asserting that the owner had failed to maintain certain services in 
          the subject building.

          In an answer, the owner denied the allegations set forth in the 
          complaint or otherwise asserted that all required repairs had been 
          or will be completed.  The owner further asserted that many 
          conditions recur due to vandalism or improper use by the tenants.

          Thereafter, an inspection of the subject apartment was conducted by 
          a DHCR inspector who confirmed the existence of several of the 
          defective conditions.  The inspector reported missing front 
          entrance door locks, peeling plaster in the public area south wing, 
          dirty public area hallways and stairwells, a defective intercom 
          system, a hole between the lobby wall and the riser pipe, and 
          cracked and missing glass panes throughout the basement windows.


          The Rent Administrator directed restoration of these services and 
          further, ordered a reduction of stabilized and controlled rents.  












          DJ210132RO

          As the status of the subject premises was not known, the tenants 
          were advised to abide by the rent control or rent stabilization 
          provisions applicable to his or her case.

          In the petition for administrative review, the owner reiterates 
          allegations that the intercom system and front door lock defects, 
          corrected prior to the inspection, recurred as a result of abuse or 
          misuse of equipment by the tenants.

          The owner also argues that the finding of peeling paint and plaster 
          in one area and that public areas were dirty is inconsistent with 
          another portion of the order where it was determined that public 
          area hallways had been plastered and painted.  The owner further 
          argues that the conditions found should have been considered new 
          items that did not relate to the conditions previously corrected.

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

          Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is 
          required to order a rent reduction, upon application by a tenant, 
          where it is found that the owner has failed to maintain required 
          services.  Pursuant to Section 2202.16 of the Rent and Eviction 
          Regulations, the DHCR may order rent reduction where it is found 
          the owner has failed to maintain essential services or space, 
          furniture furnishings or equipment.  Essential services may 
          include, but are not limited to repairs, painting and maintenance.

          The owner's petition does not establish any basis for modifying or 
          revoking the Rent Administrator's order which determined that the 
          owner was not maintaining required or essential services based on 
          a physical inspection confirming the existence of defective 
          conditions in the subject premises for which a rent reduction is 
          warranted.

          The owner's claim that the abuse or misuse caused defects in 
          equipment previously repaired ignores the owner's obligation to 
          make repairs promptly, and neither excuses nor exculpates the owner 
          for failing to correct defects if they recur.

          The owner's argument alleging inconsistencies in the rent reduction 
          order are without merit.  The inspection that confirmed the owner's 
          claim of paint and plaster repairs also established that a 
          defective condition in one area remained to be corrected.  The 
          finding that the public hallways and stairwells were dirty is not 
          related to findings addressing paint and plaster repairs.  
          Moreover, the maintenance, cleaning and janitorial services 
          provided appear to be inadequate, as confirmed by the inspection.
          The Commissioner also notes that a DHCR inspector is an impartial 
          agency employee, and not an adversary to either the owner or the 
          tenant.  The report of his observations was properly placed in the 
          record for the Rent Administrator's consideration, and was entitled 






          DJ210132RO

          to, and afforded, great weight.

          THEREFORE, pursuant to the Rent Stabilization Code, and the Rent 
          and Eviction Regulations for the City of New York, 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:






                                                                     
                                             LULA M. ANDERSON
                                             Deputy Commissioner  






    

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