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

          APPEAL OF                                    DOCKET NO.:
               The 400 East 58th Street Co.,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.:


          The above-named owner filed a timely petition for administrative 
          review of an order issued January 29, 1992, concerning the housing 
          accommodations known as 400 East 58th Street, Apartment 4G, 
          New York, New York, wherein the Rent Administrator's determined the 
          tenant's complaint of decreased services.

          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 
          asserting that the owner had failed to maintain certain services in 
          the subject apartment.  

          In an answer, the owner denied the allegations set forth in the 
          complaint, or asserted that the tenant failed to cooperate with the 
          owner's efforts to ascertain conditions regarding repairs, or 
          otherwise asserted that required repairs had been or will be 

          Thereafter, the DHCR conducted an inspection of the subject 
          apartment.  The DHCR inspector reported walls and ceilings peeling 
          paint and plaster apartment-wide and in need of repairs, and 
          evidence of rodent infestation, some broken bathroom floor tiles, 
          a leaky toilet, a stained bathroom light fixture, and sashes and 
          frames of two bedroom windows in need of scraping and painting.  
          Other services were found to have been maintained.
          The Rent Administrator directed the owner to restore services and 
          further ordered a reduction of the stabilization rent.


          In the petition for administrative review, the owner reiterates 
          that any delays in correcting the wall and ceiling defects were due 
          to tenant's refusal to provide access or stretching out of the time 
          required to complete repairs by allowing only limited access until 
          a DHCR inspector came to the apartment to sustain the tenant's 
          complaints.  The owner submits, for the first time on appeal, the 
          affidavit and statements of the building staff and contractors that 
          repairs were attempted and/or completed, an additional written 
          request for access - return receipt requested, and various work 
          orders and invoices dated both before and after the Rent 
          Administrator's order to show work completed.

          With regard to extermination service, the owner indicated that the 
          owner's staff has to personally exterminate the apartment as the 
          tenant does not give access to the owner's extermination contractor 
          during regular business hours.

          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 does not establish any basis for modifying or 
          revoking the Rent Administrator's order that the owner was not 
          maintaining required services.  The evidence the owner submitted 
          below was insufficient to trigger a "no-access" inspection, 
          detailed in Policy Statement 90-5:  Arranging Repairs No Access 

          The additional evidence the owner submitted on appeal of various 
          repairs completed or in progress before the Rent Administrator 
          issued the order below is beyond the scope of review, which is 
          strictly confined to issues and evidence submitted to the Rent 
          Administrator for consideration.

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

          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 Rent Administrator's order be, and the same hereby is, 


                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner  


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