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.:
                                                  EL210156RO
                                             
          Ocean Realty Assoc.,                    RENT ADMINISTRATOR'S
                                                  DOCKET NO.:
                                                  DJ210236S 

                                                  PREMISES: Apt. 3A
                                                  2909 Ocean Avenue
                              PETITIONER          Brooklyn, NY
                              
          ----------------------------------x

            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

          The above-named owner filed a timely petition for administrative 
          review against an order issued by the Rent Administrator reducing 
          the rent and directing restoration of services based on a finding 
          of failure to maintain 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 tenant commenced this proceeding by filing a complaint 
asserting that when the windows were replaced, the screens were 
thrown out but not replaced; that the owner promised a number of 
times to replace the screen but the owner failed to do the same.

In answer, the owner asserted that a copy of the 1984 apartment 
registration shows that screens are not a required service. 
However, the Commissioner notes that the owner does not dispute the 
complaint's assertions that when the windows were replaced, the 
screens were thrown out but not replaced; that the owner promised 
a number of times to replace the screen but the owner failed to do 
the same.
 
On November 14, 1990, an inspection of the subject apartment was 
conducted by a DHCR staff member who confirmed that the windows 
throughout the apartment had no screens.

By an order dated November 30, 1990, the Administrator directed the 
restoration of services and ordered a rent reduction.

In this petition, the owner contends that there can be no rent 
reduction based on the the 1984 apartment registration showing that 
EL210156RO

screens were not a required service.

In answer, the tenant asserted that the existing screens were torn 
off and never replaced when new windows were installed two years 






          ago; that the new windows were installed to replace rotting 
          windows, not the old screens; that in December 1990, the owner sent 
          a workman to measure for screens, thereby indicating that screens 
          were required.

          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 
          authorized to order a rent reduction, upon application by a tenant, 
          where it is found that an owner has failed to maintain required 
          services. The owner's petition does not establish any basis to 
          modify or revoke the Administrator's determination based on the 
          November 14, 1990 inspection which confirmed the existence of 
          defective conditions, warranting a rent reduction. 

          The Commissioner notes that the owner's reliance on the 1984 
          apartment registration indicating that screens were not provided is 
          misplaced. The owner does not dispute the contention that screens 
          were once provided, removed when new windows were installed, and 
          never replaced. In addition, neither the owner's failure to 
          register a service which was actually provided, nor the tenant's 
          failure to object to same is a bar to subsequent complaints of 
          decreased services.

          The rent will be restored only when an owner's application to 
          restore rent is filed and granted. The owner is advised to file 
          such an application if the facts so warrant.

          The automatic stay of the retroactive rent reduction that resulted 
          by the filing of this petition is vacated upon issuance of this 
          Order and Opinion.

          THEREFORE, in accordance with the Rent Stabilization Law and Code 
          and Operational Bulletin 84-1, it is

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



          ISSUED:




                                                                        
                                                JOSEPH A. D'AGOSTA
                                                Deputy Commissioner

    

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