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                       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


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IN THE MATTER OF THE ADMINISTRATIVE                ADMINISTRATIVE
                                        REVIEW
APPEAL OF
                                        DOCKET NO.:

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         JUDITH DUROSS,                 RENT ADMINISTRATOR'S
                                        DOCKET NO.:

GB410121HW
                                                       PETITIONER
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  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 305 Lexington Avenue, New York, New York, Apartment 8-B.

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

The  tenant  commenced  this proceeding  by  filing  a  complaint
asserting that the owner had failed to maintain certain  services
in the subject apartment.

The  owner  was served with the tenant's complaint  on  March  9,
1992, but did not file an answer.

Thereafter  an inspection of the subject apartment was  conducted
by  a  D.H.C.R.  inspector who confirmed  the  existence  of  the
following  defective conditions:  inadequate hot  water  services
throughout  the  subject apartment; although the same  inspection
revealed that heating services were being provided.

The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.

In  its petition for administrative review, the owner states,  in
substance, that on the date of the inspection, the plumber was in
the building doing emergency work on the circulator pump and that
the hot water line was shut and drained.

The  Division sent a copy of the petition to the tenant  on  June
29, 1992.

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

Pursuant  to Section 2523.4 of the Rent Stabilization  Code,  the
DHCR is required to order a rent reduction, upon application by a
tenant,  where it is found that an owner has failed  to  maintain
required  services.  The owner's petition does not establish  any
basis  for modifying or revoking the Administrator's order  which
determined  that the owner was not maintaining required  services
based  on  a  physical  inspection confirming  the  existence  of
defective  conditions in the subject apartment for which  a  rent
reduction is warranted.

The owner may file a rent restoration application if the facts so
warrant.


THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, 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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