GD610208RO

                                  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.: GD610208RO
                                                  
          JAHIL CORP.                             RENT
                                                  ADMINISTRATOR'S DOCKET 
                                                  NO.: EG610137S
                                  PETITIONER            
          ----------------------------------x


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                          
               On April 22, 1992 the above named petitioner-owner filed a 
          Petition for Administrative Review against an order of the Rent 
          Administrator issued April 3, 1992. The order concerned housing 
          accommodations known as Apt 3A located at 201 East Mt. Eden Avenue, 
          Bronx, N.Y.  The Administrator directed restoration of services and 
          ordered a reduction of the maximum stabilized rent.

               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 July 9, 1990 by filing 
          a Statement of Complaint of Decrease in Services wherein she 
          alleged, in sum, that the owner was failing to maintain certain 
          required services.

               The owner was served with a copy of the complaint and afforded 
          an opportunity to respond. The owner failed to file a response.
               
               The Administrator ordered a physical inspection of the subject 
          apartment.  The inspection was conducted on March 13, 1992 and 
          revealed that no hot water was provided in the bathroom sink, that 
          the sink pipes were not connected, that the living room ceiling is 
          not level and the plastering done on the ceiling was not sanded.

               The inspector also reported that there was no evidence of 
          defective window locks and no evidence of leaks and stains in the 
          bathroom.

               The Administrator issued the order here under review on April 
          3, 1992 and ordered a rent reduction of an amount equal to the most 
          recent guideline adjustment based on the report of the DHCR 












          GD610208RO

          inspector.

               On appeal the owner states that it has been denied due process 
          in that the complaint was never served on it and that it had no 
          notice of this proceeding.  The owner also states that the tenant 
          has filed numerous prior complaints seeking rent reductions based 
          on the failure to maintain required services and that the 
          complaints were denied.  Finally, the owner stated that the tenant 
          was not providing access for repairs to be done.  The petition was 
          served on the tenant on May 1, 1992.  

               The tenant filed a response on May 18, 1992 and stated that 
          the owner's allegations were false.  The owner, through counsel, 
          filed a reply on May 7, 1992 and stated that the repairs to the 
          apartment had been completed by the superintendent and that the 
          tenant requested that this proceeding be withdrawn.
           
               After careful review of the evidence in the record, the 
          Commissioner is of the opinion that the petition should be denied.

               The Commissioner notes that the complaint was properly served 
          on the registered owner at the correct address as set forth in the 
          agency's records. The owner did not file an answer to the 
          complaint.  The scope of review in an administrative appeal is 
          limited to facts or evidence submitted to the Administrator unless 
          it is shown that such facts or evidence could not have been 
          provided.  The owner has not made any such showing and has not 
          presented any facts to excuse the failure to respond.  Therefore, 
          the Commissioner is barred from considering any of the arguments 
          raised by the owner.

               The Commissioner does find, however, that the Administrator's 
          order was based on the on-site physical inspection of the apartment 
          and that numerous prior decisions of the Commissioner have held 
          that the inspector's report is entitled to more probative weight 
          than the allegations of a party to the proceeding.  The 
          Commissioner further notes that a review of the other proceedings 
          referred to by the owner concern different conditions or a 
          different time period and therefore do not establish that the order 
          here under review should be modified or revoked.

               Pursuant to Section 2523.4 of the Rent Stabilization Code an 
          owner may apply to the DHCR for a rent reduction and the 
          Administrator shall reduce the rent based on a finding that the 
          owner has failed to maintain services.  Repairs and maintenance are 
          included within the statutory definition of required services.  The 
          Commissioner finds that the owner based this determination on the 
          entire record including the results of the on-site physical 
          inspection described above.  The order here under review is 
          affirmed.
               The Commissioner notes that the owner filed an application for 
          rent restoration with the DHCR and that this application is 






          GD610208RO

          currently pending (Docket No. GF610162OR). 

               The automatic stay of the retroactive rent abatement that 
          resulted by the filing of this petition for administrative review 
          is vacated upon the issuance of this order and opinion.

               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
                                             Deputy Commissioner
                                   






    

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