HI430038RO
                                  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.: HI430038RO

                    Liddie Murphy,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.: FA430119B
                                   PETITIONER
          ------------------------------------x

            ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
                       AND REVOKING RENT ADMINISTRATOR'S ORDER

          The above-named owner filed a timely petition for administrative 
          review of an order issued on August 19, 1993 concerning the housing 
          accommodations known as 45 West 84th Street, New York, New York, 
          wherein the Rent Administrator determined the tenants' complaint of 
          a decrease of building-wide 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.

          Two tenants this proceeding by filing a complaint asserting that 
          the owner had failed to maintain certain services in the subject 
          premises.  Among other things, the tenants asserted that the owner 
          had closed one of two hallway toilet/bathroom facilities located on 
          the fourth floor, which had been available.  

          The owner answered that several of the single rooms on other floors 
          had been converted to apartments with their own private facilities, 
          that only four rooms remained which were all located on the fourth 
          floor, that two of these units were occupied by the complaining 
          tenants while the other two remained vacant with the intention of 
          converting the same to apartments with private facilities.  The 
          owner indicated that a tenant in one of the apartments with a bath 
          frequently made use of the hallway bathroom facilities.  The owner 
          also stated that there was only one operable bathroom facility for 
          each floor when the premises were used mainly for single room 
          occupancy.

          One tenant replied, among other things, that "where there were 9 
          single rooms and 2 full baths, there are now 5 single rooms and one 












          HI430038RO

          full bath.  Four single rooms were converted to apartments."  The 
          second tenant stated that the "household contains five single 
          rooms; one on the second floor and four on the fourth floor.  All 
          single room tenants share one bathroom and toilet facility which is 
          on the fourth floor."

          The DHCR conducted an inspection on March 16, 1993.  The DHCR 
          inspector found that there was only one open and operative bathroom 
          on the fourth floor to which the tenants had access.  The inspector 
          found that other services were being provided.

          In this petition for administrative review, the owner requests, in  
          substance, that the Rent Administrator's order be reversed on the 
          grounds that there is currently one bathroom in use by three 
          residents.  The owner notes on appeal that the second bathroom had 
          been added on the fourth floor in 1989.

          The tenants stated in the complaint that in 1981 five individuals 
          had access to two bathroom facilities.  An inspection of 
          registration records reveals six registered tenants in 1989.  The 
          1990 registration shows five of the six 1989 tenants plus a new 
          tenant at a substantially increased rent.  The 1991 registration 
          shows only two of the six 1989 tenants, a second new tenant at a 
          substantially increased rent and two vacant units.  The 1992 and 
          1993 registration show a similar situation.

          After careful consideration the Commissioner is of the opinion that  
          the petition should be granted and that the Rent Administrator's 
          order should be revoked as more fully set forth below. 

          The registration records are consistent with the owner's statements 
          that several of the single room facilities were, in fact, converted 
          to apartments with their own private bathroom facilities.

          The record also shows that there was no service decrease with 
          regard to the hallway bathroom facilities.  The service the owner 
          provided is here defined as the right to share bathroom facilities 
          with a limited number of tenants.

          Sometime in 1989 six single-room tenants in the building were 
          provided access to two facilities on the fourth floor.  The City 
          Housing Maintenance Code requires one water closet, washbasin  and 
          bath or shower for every six persons on a floor.  Commencing in 
          1991 there were only two single room tenants on the fourth floor 
          who used the facilities, and evidence that an individual in one of 
          the  apartments with private facilities also made occasional use of 
          the hallway bathroom.  Half the number of single-room tenants on 
          the fourth floor had vacated when the owner eliminated use of one 
          of the two fourth-floor facilities in 1991.  The ratio of the 
          bathroom facilities to tenants using them is as favorable as 
          previously provided.  Therefore, there has been no reduction in the 
          level of service the tenants are entitled to.






          HI430038RO


          Accordingly, the Rent Administrator's order is revoked and the 
          proceedings are terminated.

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

          ORDERED, that this petition be, and the same hereby is, granted, 
          and that the Rent Administrator's order be, and the same hereby is, 
          revoked, in accordance with the above.                          
                 


          ISSUED:







                                                                     
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner  






    

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