STATE OF NEW YORK
                           OFFICE OF RENT ADMINISTRATION
                                    GERTZ PLAZA
                              92-31 UNION HALL STREET
                             JAMAICA, NEW YORK  11433

     APPEAL OF                                 ADMINISTRATIVE REVIEW  
                                            :  DOCKET NO. EH820003RO

                           ADMINISTRATIVE REVIEW IN PART

     On July 20, 1990, the above-named petitioner-owner filed an appeal against 
     an order issued on June 15, 1990 by the District Rent Administrator, White 
     Pains, New York, concerning the housing accommodation known as 1360 Midland 
     Avenue, Apt. 2B, Yonkers, New York, wherein the Administrator reduced the 
     maximum legal rent of the apartment by $70.07 based on the unrefuted  
     individual service complaint of the subject tenant.

     Said application was denied as untimely by order of the Acting Deputy 
     Commissioner dated August 31, 1992.  The Hon. Angelo Ingrassia, Justice 
     Supreme Court, Westchester County on December 23, 1992 pursuant to an 
     Article 78 action remitted the order to Division of Housing and Community 
     Renewal (DHCR) for a determination on the merits.

     The owner in his petition contends that he did reply to the tenant's 
     service complaint by letter to the tenant dated December 2, 1988.  The 
     owner further contends that all complaints were resolved to the tenant's 
     satisfaction in December 1988 with the exception of painting which was 
     allegedly postponed at the tenant's request.  Further the owner had 
     informed the tenant that he would only replace the kitchen countertop, if 
     the tenant consented to a rent increase.

     The owner further alleged he timely answered the agency's service of the 
     tenant's complaint on him in June 1989.  And that his reply was dated June 
     14, 1989, prior to the June 15, 1989 'default' rent reduction order.

     The tenant was served with the owner's PAR and supporting documents 
     pursuant to the Supreme Court remit order.  To date the tenant has not 
     responded to said mailing.

     The owner in his PAR which is undisputed by the tenant contends that he 
     timely addressed the tenant's November 1988 complaints and further that the 
     tenant denied the owner access for a scheduled paint job.

          DOCKET NO.:  EH820003RO

     The landlord contends that he inspected the apartment and took the 
     following action by December 1988:

               1)   changed ballcock in toilet to eliminate 

               2)   checked bathroom sink and found drain to be 
                    operating properly.

               3)   checked kitchen sink and found drain to be 
                    operating properly.

               4)   The owner contends that the tenant has twice 
                    postponed appointments for painting.

               5)   The owner contends that the countertop is 
                    worn from normal use and age, but functions 
                    and is not a hazard in any way

     The Commissioner has reviewed all of the evidence and noted the following 
     conclusions.  In view of the owner's timely correction of items # 1 - 3 a 
     rent reduction was not warranted.  

     Further as to item #4 the tenant has denied access for a paint job and 
     accordingly a rent reduction was therefore not warranted.

     In regard to item #5 the owner has by his own admission found the 
     countertop worn and yet has refused to replace it without a consented to 
     rent increase.  The countertop is found to be an essential service.  
     Accordingly the $5.00 rent reduction for the countertop is continued.

     Accordingly, the Commissioner based upon the entire evidence of record 
     grants the petitioner's application in part by reversing the District Rent 
     Administrator's order in part by changing the maximum legal rent as of June 
     15, 1990 from $397.08 per month to $462.15.  Therefore only the $5.00 
     reduction for item #5 "the kitchen countertops damaged" remains in effect.

     The tenant is advised that if conditions 1 thru 3 have reoccurred, she may 
     make a new service complaint.

     The tenant is further advised that if she has not yet had a paint job in 
     her apartment, she may again request one.  The tenant is obligated to 
     provide reasonable access to the owner for purposes of plastering and 
     painting the subject apartment.  If a paint job is not provided by the 
     landlord on the tenant's request within a timely fashion; the tenant may 
     then file a new service reduction complaint for rent reduction.

     THEREFORE, in accordance with the State Rent Control Law, it is 

     ORDERED, that this petition is granted in part, and that the District Rent 
     Administrator's order is revoked in part as to items #1 through #4.

          DOCKET NO.:  EH820003RO

     FURTHER ORDERED, that if there are arrears due to the owner as a result of 
     the instant determination, the tenant shall be permitted to pay off the 
     arrears in twenty-four equal monthly installments.  Should the tenant 
     vacate after the issuance of this order or have already vacated; said 
     arrears shall be payable immediately.


                                                    JOSEPH A. D'AGOSTA
                                                    Deputy Commissioner     



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