GC 410200 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


          ----------------------------------x
          IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
          APPEAL OF                               DOCKET NO.: GC 410200 RO
                                                  
          TAYLOR ESTATES, INC. C/O                DISTRICT RENT
          RUDIN MGMT. CO., INC.                   ADMINISTRATOR'S DOCKET    
                                                  NO.: FI 410479 S
                                  PETITIONER            
          ----------------------------------x


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                          
               On March 25, 1992 the above named petitioner-owner filed a 
          Petition for Administrative Review against an order of the Rent 
          Administrator issued February 18, 1992. The order concerned housing 
          accommodations known as Apt 16 A located at 25 West 81st Street, 
          New York, N.Y.  The Administrator ordered a rent reduction for 
          failure to maintain required services.  

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

               The tenant commenced this proceeding by filing a Statement of 
          Complaint of Decrease in Services on September 18, 1991 wherein he  
          alleged that the ceilings and walls were in need of repair and that 
          plaster and paint were falling from the damaged areas.  The tenant 
          stated that the complained of conditions were known to the owner 
          but that repairs had not been made.

               The owner was served with a copy of the complaint and afforded 
          an opportunity to respond. The owner filed a response on October 4, 
          1991 and stated that it had investigated the problem and determined 
          that the tenant's apartment was located under a large terrace area 
          and that moisture had penetrated the roof and appeared in the 
          subject apartment.  The owner also stated that the roof had to be 
          replaced and the area above the apartment pointed and repaired.  
          Finally, the owner stated that it hoped that the needed work would 
          commence soon.
           
               The Administrator ordered a physical inspection of the subject 
          apartment.  The inspection was conducted on January 28, 1992 and 
          revealed the existence of extensive water leaks causing peeling 
          paint and plaster in the living room, 1st, 2nd and master bedroom 
          and bathroom, hallway, maid room and bathroom.  The inspector 
reported extensive damage which rendered parts of the rooms 
uninhabitable.

     The Administrator issued the order here under review on 








          GC 410200 RO

          February 18, 1992 and ordered a rent reduction equal to the most 
          recent guideline adjustment based on the report of the inspector.  

               On appeal the owner states that it has made good faith efforts 
          at repairing the conditions once it was notified that they existed.  
          The owner further states that the repairs are difficult to make and 
          that, when weather permits, the repairs have been ongoing.

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

               The owner has not set forth any basis upon which to disturb 
          the findings of the Administrator.  In fact, the owner does not 
          dispute that serious leak damage exists throughout the apartment 
          which the owner had several months to repair after notice of the 
          complaint but failed to do so.  The Commissioner notes that, 
          pursuant to 9 NYCRR 2523.4 (a) a tenant may apply to the DHCR for 
          a rent reduction and the DHCR "shall 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 9 NYCRR 
          2520.6 (r) to include repairs and maintenance.

               The Commissioner finds that the Administrator properly based 
          the determination herein on the entire record, including the 
          response of the owner and the on-site physical inspection conducted 
          on January 28, 1992.  Pursuant to the Rent Stabilization Code the 
          Administrator was required the reduce the rent upon determining 
          that the owner had failed to maintain services.  The order here 
          under review is, therefore, affirmed.
               
               The owner may file for rent restoration when services have 
          been fully restored.
           
               THEREFORE, pursuant to 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, affirmed.

          ISSUED:



                                                                             
                                             JOSEPH A. D'AGOSTA
                                             Acting Deputy Commissioner
    

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