DOC. NO.: FD 510324-RO
                                 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.: FD 510324-RO
                        HEIGHTS MANAGEMENT,  :  DRO DOCKET NO.:
                                 PETITIONER  :               DJ 510524-S
         ------------------------------------X

             ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW


         The above named petitioner owner timely refiled a Petition for 
         Administrative Review against an order of the Rent Administrator 
         issued February 12, 1991.  The order concerned housing accommodations 
         known as Apartment 41 located at 600 West 163rd Street, New York, New 
         York.  The Administrator ordered a rent reduction based on decreased 
         services.

         The Commissioner has reviewed the record and carefully considered that 
         portion relevant to the issues raised by this appeal.

         The tenant commenced this proceeding by filing a complaint of 
         decreased services on October 4, 1989.  The tenant complained of 
         peeling paint and plaster throughout the apartment and floors in need 
         of repair.  Reference was made to an agreement between the parties 
         which was annexed to the complaint.  The agreement was a stipulation 
         of settlement of an eviction proceeding wherein petitioner agreed, 
         inter alia, to put in new bathroom and kitchen appliances and floors.  
         The complaint also stated that the owner had failed to repair the 
         bathroom and kitchen as agreed.

         The owner was served with a copy of this complaint and afforded an 
         opportunity to respond.  A response was filed on November 30, 1989.  
         The owner stated that the tenant had fallen behind on rent payments 
         and attempted to excuse the nonpayment by stating that work needed to 
         be done in the apartment.  The owner stated that attempts were made to 
         gain access to the apartment but the tenant refused to provide a date.  
         The owner confirmed that the stipulation of settlement described above 
         required work to be done on the apartment.  Petitioner stated that all 
         work had been done and enclosed paid bills for plastering and painting 
         of the bathroom and kitchen as well as two sections of the bedroom.



















          DOC. NO.: FD 510324-RO

         The Administrator ordered a physical inspection of the premises, which 
         was conducted on January 16 and 18, 1991.  The inspection revealed the 
         following:

              1.        (a)  Bathroom sink has leaky faucet.
                        (b)  Bathroom ceiling has water stains and cracks.

              2.   Kitchen floor has broken and loose tiles.

              3.   Bedroom ceiling, 2nd bedroom wall next to window shows 
                   peeling paint and plaster; livingroom ceiling shows
                             peeling paint and plaster.

              4.   Bedroom floor needs sanding: floors are discolored
                             and have paint spots.

              The following services were found to be maintained.

              1.   Bathroom floor, bathtub and shower stall and walls
                             show no evidence of defects.

              2.   No evidence of defective kitchen sink.

              3.   Kitchen wall and ceiling shows no defects.

         The Administrator's order, reducing the rent, duly followed.

         On appeal the owner states that repairs have been made as shown by the 
         answer filed to the original complaint.  The petitioner also states 
         that the reduction was premised on issues not relevant to the initial 
         complaint and that additional repairs were made to the apartment.  The 
         owner specifically takes issue with the finding regarding discolored 
         floors, stating that such a condition is "absolutely no reason to 
         reduce rent."  The tenant did not file a response.

         After careful consideration of the evidence in the record the 
         Commissioner is of the opinion that the petition should be denied.

         Section 2523.4 of the Rent Stabilization Code mandates a rent 
         reduction upon application by the tenant where it is found that the 
         owner has failed to maintain required services.  Required services are 
         defined by Section 2520.6(r) to include decorating and maintenance.








         In the instant case, the Administrator properly relied on the results 
         of the inspection report which confirmed the existence of several of 




          DOC. NO.: FD 510324-RO

         the conditions included in the tenant's complaint.  The bills for 
         plastering and painting submitted by the owner refer to different 
         areas of the apartment from those that the inspector found were 
         defective.  Moreover, the Commissioner has reviewed the original 
         complaint and finds that each condition cited by the Administrator 
         materially bears on conditions stated by the tenant in the complaint.  
         The tenant's original statement that "floors must be repaired" serves 
         as a proper predicate for the finding, that the floors are discolored 
         with paint spots.

         The owner may apply for rent restoration when all services have been 
         restored.


         THEREFORE, pursuant to the Rent Stabilization Law and Code, 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:

                                                                          
                                            ELLIOT SANDER
                                            Deputy Commissioner
          








    

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