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.: FJ230010RO
                                     :         DRO ORDER NO.: FB230144B
      STEVEN KLAYMAN

                                     :        PREMISES:  290 Clinton Ave.
                                                        Brooklyn, N.Y.  

                          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 on September 17, 1991, concerning the housing accommodations relating to the above- 
      described docket number.

           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.

           Various tenants commenced this proceeding on February 26, 1991 by filing a complaint 
      asserting that the owner had failed to provide extermination services for more than five 
      years; and that the building is infested with roaches, water bugs, rodents, mice and rats.

           In an answer filed on March 28, 1991, the owner asserted in substance that 
      extermination services are provided by an exterminating company every second Saturday of 
      each month; that notices about extermination are posted throughout the building.

           Thereafter, a physical inspection of the subject apartment was conducted on June 27, 
      1991 by a DHCR staff member who reported vermin infestation in the basement of the subject 
      premises.

           The Administrator directed restoration of services and a reduction of the stabilized 
      rent.

           In this petition, the owner contends in substance that the Brooklyn Union Gas, Con 
      Edison and phone company opened up the streets at that time, which caused the vermin 
      infestation; that the exterminating company has cleaned the vermin infestation; that the 
      tenant in Apartment 1A has moved out; and that the tenant in Apartment 4A is not a legal 
      tenant with a lease.  The owner submitted no proof to these allegations.

           After careful consideration, the Commissioner is of the opinion that the petition 
      should be denied.












      PAR DOCKET NO.:  FJ230010RO




      The owner's petition is not clear whether the contention is that exterminating services 
      cleaned the vermin infestation in the building's basement before the
      inspection or the order's issuance, or whether the contention is that these services were 
      rendered following the issuance of the Administrator's order.  If it is the former, then 
      the owner's allegation is belied by the report of the DHCR inspector.  If it is the latter, 
      then the Administrator's order reducing the rent was nevertheless correct when issued.

           As to the owner's contentions that one tenant has vacated and another is not the 
      lawful tenant, the Commissioner finds that these allegations are without merit.  A finding 
      of decreased services, for which a rent reduction is warranted, remains in effect for 
      subsequent tenants until rent restoration is granted.  Its validity is not affected by the 
      owner's unsubstantiated allegations regarding changes in the tenancies of the affected 
      apartments.  Accordingly, copies of this Order and Opinion are being mailed to the current 
      residents of the apartments involved.

           This Order and Opinion is issued without prejudice to the owner's filing another 
      application for rent restoration, based on the removal of vermin infestation in the 
      building's basement.

      THEREFORE, in accordance with the Rent Stabilization Law and Code, it is

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




      Issued:                                                                       
                                                          Joseph A. D'Agosta
                                                          Deputy Commissioner
    

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