CG610105RO
                                  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.: CG610105RO   

            215 GUNHILL ASSOCIATES                  RENT ADMINISTRATOR'S
                                                    DOCKET NO.: BJ610058B
                                 PETITIONER
          -----------------------------------x

             ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

          The above-named owner filed a timely petition for administrative 
          review of an order issued concerning the housing accommodations 
          known as 215 East Gunhill Road, Various Apartments, Bronx, New 
          York.

          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.

          Various tenants commenced the proceeding below by filing a 
          complaint asserting that the owner had failed to maintain certain 
          services in the subject building.

          In an answer, the owner denied the allegations set forth in the 
          complaint, and asserted that heat is always furnished, the front 
          and basement doors are secure, the resident porter keeps the 
          building clean, mailboxes and windows were repaired, they are in 
          the process of getting new mailboxes and of selecting a highly 
          reputable elevator repair and maintenance company.

          Thereafter an inspection of the subject apartment was conducted by 
          a D.H.C.R. inspector who confirmed the existence of the following 
          defective conditions:    

               1) Janitorial service is inadequate.  Garbage was found on 
               floors 1 thru 6, in the compactor room, and in the basement.

               2) Vermin and rodent infestation in compactor room.  

               3) West-side elevator is out of service.  

               














          CG610105RO


               4) Missing lock from one mailbox on westside.  

               5) Basement door is not self closing.  
               
               6) Panes are missing from various basement windows.


          The Rent Administrator directed restoration of these services and 
          further ordered a reduction of the stabilization rent for Rent 
          Stabilized Apartments and a reduction of the maximum rent for Rent 
          Controlled apartments.

          The owner was sent the results of the inspection March 23, 1988 and 
          afforded an opportunity to correct the defective conditions within 
          21 days and to so notify the Division.

          A second inspection took place on June 6, 1988 which again revealed 
          that:  

               1) The hallways and lobby as well as two rooms in the 
               basement, needs sweeping and mopping.  

               2) The west-side elevator is out of service.  

               3) Basement door on the East-side is not self closing and lock 
               is loosened.  

               4) Approximately ten windows in the basement have broken 
               panes.  

               5) Sidewalk has cracks in various places in front of the East- 
               side of the building.  

               6) On the West end of the third floor there is one light out, 
               and two lights are out on the second floor.


          The Rent Administrator directed restoration of these services and 
          further ordered a reduction of the maximum rent.

          In its petition for administrative review, the owner states, in 
          substance, that the public hallways and lobby are cleaned daily by 
          the porter, two new elevators were installed, as well as windows 
          throughout the building, lights were placed on the second and third 
          floors, doors have magnetized locks,  and a company was contacted 
          to repair the sidewalk.



          After careful consideration, the Commissioner is of the opinion 
          that the petition should be denied.






          CG610105RO


          Section 2202.16 of the Rent & Eviction Regulations, authorizes a 
          rent reduction where there has been a decrease in essential 
          services which are defined in Section 2200.3 to include repairs, 
          maintenance, janitorial services, elevator services, and the 
          furnishing of light, heat, hot and cold water.

          Pursuant to Section 2523.4 of the Rent Stabilization code, DHCR  is 
          required to order a rent reduction, upon application by the tenant, 
          where it is found that the owner has failed to maintain required 
          services.

          The owner's petition does not establish any basis for modifying or 
          revoking the Administrator's order which determined that the owner 
          was not maintaining required and essential services based on a 
          physical inspection confirming the existence of defective 
          conditions in the subject building for which a rent reduction is 
          warranted.

          The owner's allegation that they never received the complaint and 
          that if they had been given the opportunity to respond, they would 
          have fixed the defects before a rent reduction was warranted is 
          belied by the fact that an answer was received.

          The Division's records reveal that the owner's rent restoration 
          application was granted (Docket No.: CG630075OR).

          The automatic stay of the retroactive rent abatement that resulted 
          by the filing of this petition for rent stabilized tenants is 
          vacated upon issuance of this order and opinion.

          THEREFORE, in accordance with the Rent Stabilization Law and Code, 
          the Rent and Eviction Regulations for New York City, and the 
          Emergency Tenant Protection Act of  1974, 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             
                                             Deputy Commissioner


           
             






    

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