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

          APPEAL OF                              DOCKET NO.: CG110017RO      
          Rey-Cal Realty Corp./                   RENT ADMINISTRATOR'S
          Ramon Reyes                            DOCKET NO.: BK110410S            
                                PETITIONER       PREMISES: 88-06 Parsons Blvd.
                                                           Apt. 10B
                                                           Jamaica, NY      
          The above-named owner filed a timely petition for administrative 
          review of an order issued on June 15, 1988 concerning the housing 
          accommodations relating to the above-described docket number.  

          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 this administrative appeal.

          This proceeding was commenced on November 6, 1987 by the tenant 
          filing a complaint asserting that the owner failed to maintain 
          various services in the subject apartment.

          In answer, the owner denied the allegations and otherwise asserted 
          that "the true intent of these complaints is to stop any MCI filed"; 
          and that defective conditions were already "repaired or scheduled 
          for repair within the next 30 to 45 days".

          A physical inspection of the subject apartment was conducted on 
          April 1, 1988 by a DHCR staff member who confirmed the existence of 
          defective conditions.

          By an order dated June 15, 1988, the Administrator determined that 
          the freezer door of the refrigerator was missing; the ignition tube 
          of the oven was out of place; the left storage compartment of the 
          oven was rusty; two (2) electrical outlets in the living room were 
          defective; the bathroom ceiling light was inoperative; and there was 
          vermin infestation in the apartment. The Administrator directed the 
          restoration of services and reduced the stabilized rent.

          In the petition for administrative review, the owner contends that 
          repairs were performed or are being scheduled; that the tenant 
          refused to confer with the owner to hasten repairs; and that a 
          hearing is requested. 


          On August 22, 1988, DHCR mailed a copy of the petition to the 

          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, 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 

          The Administrator's determination was based on the entire record 
          including the results of the physical inspection on April 1, 1988. 
          The owner's petition fails to rebut the finding of defective 
          conditions which warrant a rent reduction. The contentions in the 
          petition are unsubstantiated; and no hearing is necessary when the 
          results of the physical inspection were clear, convincing and 
          unrebutted. Accordingly, the determination was in all respects 
          proper and is hereby sustained.

          The Commissioner notes that the rent restoration application 
          (EL110071OR) was granted on April 30, 1991.

          The automatic stay of the retroactive rent abatement that resulted 
          by the filing of this petition is vacated upon isuance 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,  
          that the Administrator's order be, and the same hereby is, affirmed.


                                          JOSEPH A. D'AGOSTA
                                          Deputy Commissioner





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