FF 110297 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
                                
                                
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IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
APPEAL OF                               DOCKET NO.: FF 110297 RO

     VIG ASSOCIATES                     DISTRICT RENT
                                        ADMINISTRATOR'S DOCKET
                                        NO.: ED 110107 S
                        PETITIONER
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  ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                
      On  June 17, 1991 the above named petitioner-owner filed  a
Petition  for Administrative Review against an order of the  Rent
Administrator  issued May 22, 1991.  The order concerned  housing
accommodations known as Apt. 608 located at 43-31  Ithaca  Street
Elmhurst, N.Y. wherein the Administrator ordered a rent reduction
for failure to maintain required or essential 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 on March 20,  1989,by
filing a Statement of Complaint based on Decrease in Services.

The  tenant  alleged  that her apartment walls  were  black  from
mildew  caused  by  leaks.  The tenant further alleged  that  the
owner was aware of this condition but did nothing to correct it.

      The  owner  was  served with a copy of  the  complaint  and
afforded an opportunity to respond thereto.  A response was filed
on  May  1, 1990 wherein the owner stated that the apartment  had
been  inspected and the walls and ceilings were found to be  dry.
The  owner further stated that pointing work had been done around
the area in question in December, 1989.

      The  Administrator  ordered a physical  inspection  of  the
premises,  which was conducted on April 16, 1991.  The  inspector
found  mildew  stains on the bedroom and bedroom closet  ceiling.
The  inspector  additionally found black mildew  on  the  hallway
ceiling  near  the bedroom.  The Administrator  then  issued  the
order  here  under  review,  reducing  the  rent  based  on   the
inspector's report.

      On  appeal, the owner states that the tenant took paint and
other supplies to correct the problems and refuses to give access
to  the owner for the job to be done.  The owner also states that
the  tenant  has confirmed that no problems existed.  The  tenant
filed  a  response to the petition on July 16, 1991,  wherein  he
states that he does paint his apartment himself.

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

     The owner's claim of lack of access, which is unsupported by
any  proof as to when access was demanded, was not raised  before
the Administrator and is therefore beyond the scope of review  of
this administrative appeal.  Moreover, the tenant's complaint did
not  allege  a  failure to paint, but a failure  to  correct  the
moisture  condition which is causing mildew stains on  the  walls
and  ceilings.   The  inspector confirmed the existence  of  this
condition and the owner has not established that any repairs were
made  to  correct this problem.  Painting, even if  done  by  the
tenant,  would not result in correcting the dampness that  causes
the mildew to form.  The order here under review is affirmed. The
owner may file for restoration when 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:




JOSEPH A. D'AGOSTA
                                    Acting Deputy Commissioner
    

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