FI130279RO                                  

                          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.:              
FI130279RO
   MONTE CARLO LEASING COMPANY,
                                                  RENT ADMINISTRATOR'S
                                        DOCKET NO.:
                                     PREMISES     EJ130005OR
----------------------------------x


  ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
                                

On September 13, 1991, the above named petitioner-owner filed a 
petition for administrative review (PAR) of an order issued on 
August 27, 1991, by the Rent Administrator, concerning the housing 
accommodation known as 631 Beach 9th Street, Queens, New York, 
wherein the Administrator determined the owner's application to 
restore rents previously reduced under an order issued on August 1, 
1990  per Docket No. DF130098B.

The Administrator's rent reduction order under Docket No. DF130098B 
reduced the tenants' rents based on findings that the elevator did 
not stop level on all floors, that several doorknobs on the public 
area doors were loose, and that a doorknob on a fire stairwell door 
was missing.

The challenged order denied the owner's application based on the 
results of an inspection conducted on December 7, 1990.  The 
inspector reported that one of two elevators did not level on all 
floors, and that the third floor compactor door was closed. The 
inspector confirmed the owner's claim below that all loose and 
missing doorknobs had been repaired or replaced.

On appeal, the owner contends that the failure of the elevator to 
level and the finding of a closed compactor door were not suffi- 
cient grounds to deny the owner's rent restoration application.

Copies of the owner's appeal were served on the tenants on October 
30, 1991.  One tenant responded that the elevators still did not 
level properly.




The Commissioner's administrative review order per Docket No. 
EH130350RO affirmed the underlying rent reductions granted per 








          BI 230194-RO

          Docket No. DF130098B.  However, it amended the Administrator's 
          order to delete the finding that the elevators did not level on all 
          floors as a predicate for the rent reductions because the City 
          Department of Buildings violation report, obtained in connection 
          with the appeal, failed to cite outstanding elevator violations 
          during the pendency of the rent reduction proceedings.  Since the 
          finding that the elevator did not level on all floors was elim- 
          inated as a predicate for rent reductions it may not be a predicate 
          for denying the rent restoration application.  

          The Commissioner concurs with the owner that since the shut door of 
          the third floor compactor room was not cited in the rent reduction 
          order, it cannot furnish a basis to deny rent restoration.

          No other conditions were cited as grounds for denying the owner's 
          rent restoration application.  Therefore, no grounds remain to deny 
          the owner's application.  Accordingly, the owner is entitled to a 
          rent restoration, effective December 1, 1990, the first day of the 
          month following service of the owner's application on the tenants.

          Any rent arrears due the owner from the tenants as a result of the 
          order may be paid over the course of the next twelve (12) months.


          THEREFORE, in accordance with the provisions of the Rent Stabili- 
          zation Law and Code, it is

          ORDERED, that the owner's petition be, and the same hereby is, 
          granted, and that the Rent Administrator's order denying the 
          owner's rent restoration application be revoked, and that the 
          tenants' rents be restored effective December 1, 1990, in 
          accordance with the above.


          ISSUED:



                                                                           
                                                JOSEPH A. D'AGOSTA
                                                Deputy Commissioner


                                          

    

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