Doc.#GG210108RO
                                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

        ------------------------------------X
        IN THE MATTER OF THE ADMINISTRATIVE :     ADMINISTRATIVE REVIEW 
        APPEAL OF                                 DOCKET NO.: GG210108RO

                                            :     
           Trump Management Inc.,                 RENT ADMINISTRATOR'S
                                                  DOCKET NO.: ED210783S

                            PETITIONER      :
        ------------------------------------X

            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                          AND ORDERING RESTORATION OF RENT

        On July 23, 1992, the above-named petitioner-owner filed a petition for 
        administrative review (PAR) of an order issued on June 29, 1992, by the 
        Rent Administrator, concerning the housing accommodation known as 2650 
        Ocean Parkway, Brooklyn, N.Y., Apt.#5-E, wherein the Administrator 
        determined that the rent for the subject apartment should be reduced to 
        the level in effect prior to last rent guideline increase, which 
        commenced before the effective date of the order based upon a showing 
        that the bathroom ceiling and wall were in a state of disrepair.  The 
        Rent Administrator's determination was based on an inspection which was 
        held on May 27, 1992.

        The Rent Administrator also directed full restoration of 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.

        The issue herein is whether the Rent Administrator properly reduced the 
        rent of the subject apartment.

        On appeal, the petitioner-owner asserted that the required repair was 
        made; that the Rent Administrator failed to consider the owner's answer 
        below and that the Rent Administrator failed to serve it with a copy of 
        the inspection report; thus denying it due process rights.

        The petition was served on the tenant on July 30, 1992 and on August 5, 
        1992, the tenant filed an answer to the petition stating that the owner 
        failed to restore the bathroom ceiling until July 20, 1992, after the 
        issuance of the Rent Administrator's order.

        After a careful consideration of the entire evidence of record the 
        Commissioner is of the opinion that the administrative appeal should be 
        denied.



        Pursuant to Section 2523.4(a) of the Rent Stabilization Code, a tenant 
        may apply to the Division of Housing and Community Renewal (DHCR) for 








          Doc.#GG210108RO

        reduction of the legal regulated rent to the level in effect prior to 
        the most recent guidelines adjustment, and the DHCR shall so reduce the 
        rent for the period for which it is found that the owner has failed to 
        maintain required services.

        Required services are defined in Section 2520.6(r) to include repairs 
        and maintenance.

        Concerning the petitioner-owner's argument that the Administrator 
        failed to give it notice of the inspection or the results, the 
        Commissioner finds that due process does not require that the owner be 
        informed that inspections are to take place or that it be sent copies 
        of the reports with an opportunity to rectify the condition or to 
        respond.  The owner had adequate notice from the tenant's complaint of 
        conditions requiring its attention.

        The Commissioner has also considered and rejects the petitioner's claim 
        on appeal that the required repair was made prior to the issuance of 
        the Rent Administrator's order.

        A copy of the tenant's complaint was mailed to the owner on May 16, 
        1990 and the Rent Administrator's order was issued on June 29, 1992.

        It is apparent that the owner had approximately twenty-five (25) months 
        to attend to the complained-of condition, but had failed to do so prior 
        to the issuance of the Rent Administrator's order.

        The inspector's report clearly showed that even if the owner attempted 
        to correct the bathroom ceiling condition prior to the issuance of the 
        Rent Administrator's order, it had failed to do so in a workmanlike 
        manner.

        The Commissioner notes that in the owner's reply dated September 30, 
        1992, the owner stated that the bathroom repair work was completed on 
        July 20, 1992, which was after the issuance of the appealed order.

        Accordingly, the Commissioner finds that the owner has offered 
        insufficient reason to disturb the Rent Administrator's determination.

        The Commissioner finds, that the Administrator properly based his 
        determination on the entire record, including the results of the on- 
        site physical inspection conducted on May 27, 1992 and that pursuant to 
        Section 2523.4(a) of the Code, the Administrator was mandated to reduce 
        the rent upon determining that the owner had failed to maintain 
        services. 

        However based on the tenant's statement that all repairs were completed 
        on July 20, 1992, the Commissioner orders restoration of the rent, 
        effective August 1, 1992.

        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.







          Doc.#GG210108RO

        THEREFORE, in accordance with the provisions of the Rent Stabilization 
        Law and Code, it is 

        ORDERED, that this petition be, and the same hereby is, denied, and 
        that the Administrator's order be, and the same hereby is, affirmed, 
        and it further.

        ORDERED, that the rent be and the same hereby is restored, effective 
        August 1, 1992.

        ISSUED:                                                                
          
                                                                            
                                                 Joseph A. D'Agosta
                                                 Deputy Commissionerh





    

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