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

          APPEAL OF                               DOCKET NO.:   
                                                  DOCKET NO.:


          On June 24, 1988, the above-named petitioner-owner filed a petition 
          for administrative review of an order issued on June 2, 1988, by 
          the Rent Administrator, concerning the housing accommodation known 
          as 1001 Grand Concourse, Bronx, New York, various tenants wherein 
          the Administrator directed the owner to restore services and 
          determined that the maximum legal rent for various rent controlled 
          apartments should be reduced by $2.00 per month based upon a 
          diminution of services.  The Rent Administrator's order was based 
          upon an inspection held on March 23, 1988, which showed that the 
          sidewalk was cracked in various places and that the lobby couch had 
          a split in the seating.  No rent reduction was ordered for rent 
          stabilized tenants.

          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 order of the Rent Administrator is 

          On appeal, the petitioner-owner asserted that all services which 
          were the subject of the appealed reduction order have been 

          The petition was served on the tenant representative on August 22, 


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

          On August 8, 1987, the tenants filed a building-wide complaint of 
          decrease in services.

          On November 9, 1987, the owner filed an answer to the complaint 
          alleging that most of the work has been completed and that the rest 
          is in progress.

          The inspection held on March 23, 1988, revealed that not all 
          repairs had been made.

          After the issuance of the appealed order, the owner filed an Affi- 
          davit of Compliance on June 24, 1988 in which it asserted that 
          those services set forth in the Rent Administrator's rent reduction 
          order have been restored.

          The tenants' representative filed a statement on September 23, 
          1988, claiming that the repairs to the sidewalk and the lobby couch 
          were completed in an unworkmanlike manner.  

          The record including the physical inspection demonstrates that the 
          petitioner had failed to make all of the required repairs prior to 
          the issuance of the Rent Administrator's order; despite the fact 
          that it had seven months from the date of service of the tenants' 
          complaint until the issuance of the Rent Administrator's order to 
          act on the tenants' complaint and to make the necessary repairs.

          Therefore, the Commissioner finds that the Rent Administrator 
          properly relied on the results of the inspection; and that based 
          thereon, the Rent Administrator properly determined that the owner 
          had failed to maintain services.

          This Order and Opinion is issued without prejudice to the owner's 
          right to file the appropriate restoration application with the DHCR 
          based upon the restoration of services, if the facts so warrant.

          THEREFORE, in accordance with the Rent Stabilization Law and Code 
          and the Rent and Eviction Regulations, 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, 


                                                JOSEPH A. D'AGOSTA
                                                Deputy Commissioner


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