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.:              
                                                  FB430134RO  
                                  
                 ALGIN MANAGEMENT CO.,            RENT ADMINISTRATOR'S
                                                  DOCKET NO.:
                                                  DJ430049B 
                                   PETITIONER                         
          ----------------------------------x



            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW


          On February 14, 1991, the above-named petitioner-owner filed a 
          petition for administrative review of an order issued on January 
          24, 1991, by the Rent Administrator, concerning the housing 
          accommodations known as 1476 Lexington Avenue, New York, New York, 
          various apartments, wherein the Administrator determined that the 
          rent for rent stabilized apartments of tenants who signed the 
          complaint should be reduced to the level in effect prior to the 
          last rent guideline increase which commenced before the effective 
          date of the order based upon a diminution of services and further 
          determined that the maximum legal rent for all rent controlled 
          apartments in the building should be reduced by $12.00 per month 
          based upon a diminution of services.  The Rent Administrator's 
          order was based upon a reinspection held on October 25, 1990, which 
          disclosed that although several service items had been corrected, 
          some had not.  The reinspection of October 25, 1990 revealed that 
          the front entrance door is defective, the area around the lock 
          being warped and bent and there is evidence of vermin infestation 
          in the basement.

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

          The issue herein is whether the Rent Administrator properly reduced 
          the rent of various rent stabilized and rent controlled apartments 
          in the subject building.













          FB430134RO


          On appeal, the petitioner-owner asserted that at the time of the 
          DHCR's reinspection most repairs were corrected and that those 
          conditions which remained were isolated occurrences and are con- 
          sidered ordinary maintenance and that these same conditions were 
          minor in nature and not worthy of a rent reduction.

          The petition was served on the tenants on March 1, 1991.  One 
          tenant answered and claimed that repairs have not been made, that 
          the conditions are not minor, and that a rent reduction is 
          warranted.

          After a careful consideration of the entire evidence of record the 
          Commissioner is of the opinion that the administrative appeal 
          should be denied.

          The tenants filed a Statement of Complaint of a decrease in 
          Building-Wide services on October 11, 1989.  

          On April 24, 1990, the owner filed an answer below alleging, in 
          effect, that all repairs have been made.

          On August 10, 1990, the tenants' replied that the owner did not 
          complete the repair work.

          Section 2202.16 of the Rent and Eviction Regulations provides that 
          an owner's failure to maintain services may result in an order of 
          decrease in maximum rent, in an amount determined by the discretion 
          of the Rent Administrator.

          Pursuant to Section 2523.4(a) of the Rent Stabilization Code, a 
          tenant may apply to the Division of Housing and Community Renewal 
          (DHCR) for a reduction of the legal regulated rent to the level in 
          effect prior to the most recent guidelines adjustment, and the DHCR 
          shall so reduce the rent for the period for which it is found that 
          the owner has failed to maintain required services.

          Required services are defined in Section 2200.3 of the Rent and 
          Eviction Regulations and Section 2520.6(r) of the Rent Stabiliza- 
          tion Code to include repairs and maintenance.

          A review of the record before the Commissioner clearly shows that 
          the owner did not submit any evidence that the deficiencies noted 
          in the reinspection of October 25, 1990, had been corrected; even 
          though the owner was notified of all remaining service deficiencies 
          on August 27, 1990 and was advised to correct the conditions.

          The record reveals that the owner had ample opportunity to make all 
          repairs in a workmanlike manner, but had failed to do so before the 
          issuance of the Rent Administrator's order.


          The Commissioner has also considered and rejects petitioner's 






          FB430134RO

          claims on appeal that the conditions found below are ordinary main- 
          tenance, minor in nature and not rent-reducing items.  A defective 
          front entrance door with a warped and bent area around the lock is 
          a service deficiency worthy of the owner's attention and evidence 
          of vermin infestation in the basement is in the same category.  
          These deficiencies should have been immediately corrected. Clearly, 
          the conditions found were not minor items that occur normally 
          despite ongoing maintenance or which would be addressed as part of 
          periodic maintenance.

          The Commissioner has also considered and rejects the petitioner's 
          claim that no notice was given in the complaint regarding the area 
          around the entrance door lock being warped and bent.  A review of 
          the complaint clearly shows that the tenants' specified that the 
          entrance door must be replaced because the lock never works and the 
          frame is weak.  The Commissioner finds, therefore, that this 
          constitutes adequate notice to the owner.

          The Commissioner further finds that the Administrator properly 
          based his determination on the entire record, including the results 
          of the on-site physical inspection conducted on October 25, 1990, 
          and that pursuant to Section 2523.4(a) of the Code and  Section 
          2203.16 of the Rent and Eviction Regulations the rent reductions 
          ordered by the Administrator, based on a determination that the 
          owner had failed to maintain services, were warranted.

          Accordingly, the Commissioner also finds that the owner has offered 
          insufficient reason to disturb the Rent Administrator's determi- 
          nation.


          THEREFORE, in accordance with the provisions of the Rent and Evic- 
          tion Regulations for New York City and the Rent Stabilization Law 
          and Code, it is,

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

          Upon a restoration of services the owner may separately apply for 
          a rent restoration. 
               

          ISSUED:                                    

                                                                           
                                                JOSEPH A. D'AGOSTA
                                                Deputy Commissioner






    

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