GD 530223-RO
                                
                        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.: GD 530223 RO

ACE REALTY COMPANY                      DISTRICT RENT
TERRY TSAFATINOS                        ADMINISTRATOR'S DOCKET
                                        NO.: FI 530163 OR
                        PETITIONER
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  ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                
      On  April 7, 1992 the above named petitioner-owner filed  a
Petition  for Administrative Review against an order of the  Rent
Administrator  issued March 3, 1992. The order concerned  housing
accommodations located at 614 West 157th Street, New  York,  N.Y.
The Administrator ordered restoration of rents based on a finding
that  the  conditions warranting an earlier rent reduction  order
had been corrected.

      The  Commissioner  has reviewed the  record  and  carefully
considered  that portion relevant to the issues  raised  by  this
appeal.

     The owner commenced this proceeding by filing an Application
to  Restore Rent on September 3, 1991 wherein it alleged that  it
had  restored  all  services for which  a  rent  reduction  order
bearing  Docket No. ZUSC 001483-B was issued.  Specifically,  the
owner stated that the elevator had been set to stop level at  all
times  and  the  entrance  door lock  was  repaired.   The  owner
attached a statement by an elevator maintenance company,  to  the
effect that the elevator had been repaired.

      The tenants were served with a copy of the application  and
afforded  an  opportunity to respond. A  response  was  filed  on
November 5, 1991 wherein the tenants objected to the application,
alleging  that services had not been restored and that there  was
no  elevator service from August 19 to August 27, 1991 and  again
on  October  27, 28 and 29, 1991.  Two individual  tenants  filed
responses to the same effect on October 31, 1991 and November  2,
1991.

      The  Administrator  ordered a physical  inspection  of  the
elevator.  The inspection was conducted on January 24,  1992  and
revealed that the elevator was operational, leveled properly  and
stopped on all floors.

      The  Commissioner notes that the owner had previously filed
for   rent   restoration  on  September  11,  1986.    The   Rent
Administrator issued an order (bearing Docket No BC 530029 OR and
issued September 24, 1987) wherein a partial rent restoration  of
$5.00 per month for rent controlled tenants was granted effective
October 1, 1987.  Rent restoration was denied for rent stabilized
tenants.   This order was based on a physical inspection  of  the
premises, conducted on July 1, 1987.  The inspector reported that
the  elevator  was out of order at the time of  inspection.   The
Commissioner  further  notes that  the  owner  did  not  file  an
administrative appeal of this order.

       The  Administrator issued the order here under  review  on
March  3, 1992.  Rent restoration was ordered for rent stabilized
tenants  effective October 16, 1991.  Rent restoration  of  $5.00
per month was ordered for rent controlled tenants effective April
1, 1992.

      The  owner's administrative appeal herein takes issue  with
the effective dates, as stated above, which the Administrator set
forth in the order here under review.  The owner states that  the
elevator  was  functioning properly when the DHCR  inspection  of
July 1, 1987 was conducted.  The owner attached to the petition a
statement  from the tenants that the elevator had been maintained
and  that repairs were conducted in an expeditious manner.   Also
attached  was  a  letter from the elevator repair company,  dated
October  12, 1987 in which the company stated that,  on  July  1,
1987 the elevator was stopped for routine monthly maintenance but
that  the system had no problems.  Petitioner requests, based  on
the  foregoing,  that  the effective date  for  rent  restoration
should be modified to be October 1, 1987.

      After  careful  review of the evidence in the  record,  the
Commissioner  is  of  the  opinion that the  petition  should  be
denied.

     The petitioner, in presenting grounds for appeal, is in fact
challenging the order bearing Docket No. BC 530029 OR.  The basis
for  its  argument is that the elevator was not functioning  when
the inspection of July 7, 1987 was carried out solely because  it
was  being serviced that day.  However, as noted above, the owner
did not file an administrative appeal of this order and it became
a   final  order  not  subject  to  collateral  attack  in   this
proceeding.  Since the owner has not stated any independent basis
for  overturning  the  order here under  review,  that  order  is
affirmed.

      THEREFORE, pursuant to the Rent Stabilization Law and  Code
and Rent and Eviction Regulations 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
                                   Acting Deputy Commissioner
    

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