STATE OF NEW YORK
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

          APPEAL OF                             DOCKET NO.: GF610165RO 
                                                RENT ADMINISTRATOR'S
                                                DOCKET NO.: GB610119HW       
               Zenith Associates,                                      

               The above-named owner filed a timely petition for 
          administrative review of an order issued concerning the housing 
          accommodations known as 124 East 176th Street, Bronx, New York. 
          Apartment 7J.

               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 tenant commenced this proceeding by filing a complaint on 
          February 28, 1992, asserting that the owner had failed to provide 
          adequate heat and hot water services in the subject apartment.

               On March 9, 1992, the tenant advised that heat and hot water 
          services wee still not being maintained.  

               On March 18, 1992, the owner answered and stated that the 
          boiler was temporarily shut down on January 31, 1992 to repair a 
          leak.  A copy of an invoice confirming repairs on that day was 

               Thereafter an inspection of the subject apartment was 
          conducted by a D.H.C.R. inspector on April 27, 1992, who confirmed 
          the existence of the following defective conditions: no hot water 
          in the kitchen and that due to an outside temperature of 63@F, heat 
          was not required.  The inspector found, however, that the owner was 
          providing hot water (120@) services in the bathroom.

               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 there was a temporary boiler problem causing a 
          temporary interruption in hot-water services but that the problem 
          was repaired.

               In answer to the petition the tenant states in relevant part 
          that there has been a problem with hot water in the kitchen since 
          the tenant first took occupancy in 1986 and that the owner is aware 
          of the problem but has not made the necessary repairs.

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

               The Commissioner notes that the owner asserted in answer to 
          the complaint that there was a temporary problem with the boiler 
          that was repaired on January 31, 1992.  The inspection revealed 
          otherwise and the owner did not submit any additional evidence to 
          the Administrator regarding the need for subsequent repairs that 
          may have been required during the several month that this 
          proceeding was pending.

               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 Division's records show that the owner filed an 
          application for restoration of rent under docket number GF610120OR.

               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.


                                                  Joseph A. D'Agosta         
                                                  Deputy Commissioner        


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