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. FC830140RO
                                          :  DISTRICT ADMINISTRATOR'S
            THE ROBERT THOMAS CO.            DOCKET NO. YEF910006B
                                          :                    
                              PETITIONER                       
     -------------------------------------X  
          

           ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW


     The above-named owner filed a timely petition for administrative review of 
     an order issued concerning the housing accommodations known as 808-840 
     Bronx River Road, Yonkers, New York.

     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 tenants commenced this proceeding by filing a complaint asserting that 
     the owner had failed to maintain certain services in the subject premises, 
     specifically that there were various defects in the elevators and in other 
     public areas.

     The owner answered the tenants' complaint, alleging that there were no 
     defects as stated by the tenants and that an inquiry of Yonkers inspectors 
     would bear out the owner in that claim.

     The Administrator issued an Order reducing rent and directing a 
     restoration of services.

     The owner filed this petition for administrative review, stating that 
     services have been restored and that the owner "has submitted the details 
     of its actions and procedures to maintain service to the District Rent 
     Administrator and the City of Yonkers."

     In response to this petition the tenants' representative submitted a copy 
     of a 5 page January 31, 1991 City of Yonkers "Notice of Continuing 
     Violation" showing outstanding violations based on January 4, 1991 and 
     January 23, 1991 inspections.

     The Commissioner is of the opinion that this petition should be denied.










          DOCKET NO.:  FC830140RO


     An examination of the record reveals that the owner did submit a detailed 
     schedule of repairs to the Administrator, in response to the 
     Administrator's request for such a schedule.  However, on October 10, 1990 
     the Administrator served a Final Notice on the owner, requesting a 
     schedule for curing the violations and advising the owner that failure to 
     submit such a schedule would result in a decision based on the then- 
     present record.  In reply, on October 16, 1990, the owner merely stated it 
     had hired a contractor who would remove the violations, "one by one."  On 
     November 8, 1990 the owner was notified that its response was inadequate 
     and was asked for a schedule with dates for the completion of the curing 
     of each violation.  In a response dated November 27, 1990 the owner again 
     failed to submit the requested schedule.  Instead it stated that a report 
     regarding certain repairs was contracted for and the rest of the repairs 
     were either underway and/or already completed.  The report was expected 
     within three weeks.  Moreover, various inspections by both the City of 
     Yonkers Department of Buildings and New York State Assemblyman Zaleski 
     which were before the Administrator revealed that the complained of 
     conditions existed.  Accordingly, the Administrator correctly reduced the 
     rent.

     This order is issued without prejudice to the owner's right to file the 
     appropriate application for restoration of rent, if the facts so warrant.

     THEREFORE, in accordance with the provisions of the Tenant Protection 
     Regulations and the State Rent and Evictions Regulations, it is 

     ORDERED, that this petition for administrative review be, and the same 
     hereby is, denied, and, that the order of the Rent Administrator be, and 
     the same hereby is, affirmed.

     ISSUED:


                                                                              
                                                     JOSEPH A. D'AGOSTA
                                                     Deputy Commissioner
    

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