FJ420229RO
                                  STATE OF NEW YORK
                      DIVISION OF HOUSING AND COMMUNITY RENEWAL
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                                  JAMAICA, NY 11433





          ------------------------------------x
          IN THE MATTER OF THE ADMINISTRATIVE          ADMINISTRATIVE REVIEW
          APPEAL OF                                    DOCKET NO.: FJ420229RO

                    28th Street Investors Co.,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.: EK420436S
                                   PETITIONER
          ------------------------------------x


            ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
                     IN PART AND MODIFYING ADMINISTRATOR'S ORDER

          On October 16, 1991, the above-named petitioner-owner filed a 
          petition for administrative review of an order issued on September 
          12, 1991 by the Rent Administrator, concerning the housing 
          accommodation known as 139 East 28 Street, Apt. 6A, New York, N.Y., 
          wherein the Administrator listed the specific services the owner 
          failed to maintain, reduced the rent, and directed the owner to 
          restore services.

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

          This proceeding was commenced by the filing by the tenant of a 
          complaint of decrease in services dated September 30, 1990, 
          alleging that the tenant in the apartment above is breeding and 
          harboring between 20 and 30 cats for commercial purposes, that this 
          activity is causing damage to the subject apartment in the form of 
          ceiling leakage, crumbling paint and plaster throughout the 
          apartment and loosened, cracked and fallen bathroom walls tiles.

          In response to the tenant's complaint the owner states that there 
          can be no correlation between a tenant's allegedly harboring cats 
          and the need for plastering and painting in the subject apartment, 
          that it has attempted to make repairs in response to the tenant's 
          complaint but that the tenant refused access after owner sent two 
          certified letters, and that the apartment was last painted three 
          years ago.
          As a result of the owner's claim that the tenant has blocked repair 
          efforts, the Division scheduled a "no access" inspection on June 












          FJ420229RO

          11, 1991 and access dates were agreed on by owner and tenant at 
          which time the work was done.  On July 10, 1991 the owner advised 
          that repairs were made and that the tenant's complaint should be 
          dismissed.  

          A subsequent inspection conducted by the Division on August 28, 
          1991 disclosed unworkmanlike painting in the kitchen and missing 
          grout in the bathroom wall tiles.  

          In the PAR, the owner states that:  1) the tenant has repeatedly 
          refused the owner access for repairs,  2) there is already a rent 
          reduction in place for the bathroom wall tiles,  3) all repair work 
          was done before the rent reduction order was issued, and 4) the 
          owner has already filed a rent restoration application to restore 
          the rent reduced in the earlier proceeding for the bathroom wall 
          tiles.

          After careful consideration of the issues raised in the PAR, the 
          Commissioner is of the opinion that the petition should be granted 
          in part.

          The portion of the order relating to the bathroom wall tiles should 
          be revoked, as a rent reduction under Docket number BD420618S has 
          been reinstated by Admin. Rev. Dkt. No. DF420231RT.  The rent 
          reduction granted under CK420403S, which is cited herein by the 
          owner as being currently in effect, was revoked under ED420139RO 
          because the rent reduction under Docket Number BD420618S, as 
          previously stated, was reinstated.

          Therefore, there is currently in effect a rent reduction under 
          BD420618S for the bathroom wall tile which precedes the order 
          herein appealed and renders the relevant portion of no effect.

          The record is replete with statements and letters alleging each 
          party has obstructed repair efforts.  The owner's certified letters 
          to the tenant requesting access precipitated the "no access" 
          inspection conducted by this Division and the owner's repairman was 
          thereafter permitted access and the repairs were performed.  
          However, as a result of a subsequent inspection conducted on August 
          28, 1991, the Administrator determined that the paint job in the 
          kitchen was unworkmanlike and the bathroom wall tiles had still not 
          been properly repaired.






          THEREFORE, in accordance with the City Rent Law and Rent and 
          Eviction Regulations, it is

          ORDERED, that this petition be, and the same hereby is, granted in 






          FJ420229RO

          part and that the Rent Administrator's order be, and the same 
          hereby is, revoked as to the finding regarding bathroom walls, and 
          affirmed in all other respects.
                 


          ISSUED:






                                                                     
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner  






    

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