CI430016RO
                                  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.: CI430016RO
                                                  
          ABRAHAM CHINITZ                         RENT
          c/o Kucker Kraus & Bruh, Esqs.          ADMINISTRATOR'S DOCKET
                                                  NO.: CA430202OR
                                  PETITIONER            
          ----------------------------------x


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                          

          On September 9, 1988 the above named petitioner-owner filed a 
          Petition for Administrative Review against an order of the Rent 
          Administrator issued on August 3, 1988 concerning the housing 
          accommodations known as various apartments at 502 East 89th St., 
          New York, NY wherein the Administrator denied the owner's rent 
          restoration application. 

          The Commissioner has carefully reviewed all the evidence of record 
          and has carefully considered that portion relevant to the issues 
          raised on appeal.

          The owner filed an application seeking restoration of rent that had 
          been reduced in an order issued on July 9, 1986 under Docket No. 
          LCS000342B.  The rent reduction was ordered based on a finding that 
          the owner had failed to provide the following services:  laundry 
          room in need of cleaning, exterminating service, cleaning of public 
          areas, and painting of public halls.  The owner alleged in the 
          restoration application that all these services had been restored.

          The application was served on the tenants and several submitted 
          responses urging that the application be denied because services 
          have not been restored.

          A physical inspection of the building by DHCR on June 6, 1988 
          revealed that laundry room and public areas were in need of 
          cleaning but that there was no evidence of infestation and the 
          public halls had recently been painted.
           
          Based on the inspector's report, the owner's application was 
          denied.

          In the petition for administrative review, the owner objects to the 












          CI430016RO

          Administrator's order on the ground that the conditions found by 
          the inspector are minor and do not warrant a continuing building- 
          wide rent reduction, that the inspection was improper because it 
          was conducted without prior notice to the owner, and that the 
          finding that public areas require cleaning lacks specificity and is 
          contrary to fact.
           
          The petition was served on the tenants on November 31, 1988.
          Several tenants filed answers urging that the owner's petition be 
          denied because building maintenance continues to be a problem.

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

          An owner is entitled to restoration of rents that were ordered 
          reduced by DHCR because of a finding of failure to maintain 
          services once it is established that all required services cited in 
          the rent reduction order have been restored.  The determination as 
          to whether services have been restored is generally made on the 
          basis of a physical inspection of the premises by a DHCR employee.

          In the instant case, the Division's inspector found that the 
          conditions for which the rent had been reduced had not all been 
          restored.  The Rent Administrator properly relied on the results of 
          this report by an impartial employee of the agency in determining 
          that the proper standards of cleanliness were not being maintained 
          in the laundry room and public areas.  There is no basis for 
          granting a rent restoration application when some but not all of 
          the conditions have been restored and the owner's application was 
          properly denied.

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

          ORDERED that this petition be and the same hereby is denied and the 
          Rent Administrator's order be and the same hereby is affirmed.
                   
          ISSUED:


                                                                             
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner
                                   
    

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