DH130091RO 
                                  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
          APPEALS OF                              DOCKET NOS.: DH130091RO
                                                               DG110242RT
          ISIDOROS G. MICHALOS, Owner and
          YOLANDA AND CARLOS ROJAS, Tenants       RENT
                                                  ADMINISTRATOR'S DOCKET
                                                  NO.: CK130070OR
                                  PETITIONERS                
          ----------------------------------x


            ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
                                          

          On August 1, 1989 the above named petitioner-owner filed a Petition 
          for Administrative Review against an order of the Rent 
          Administrator issued on July 13, 1989 concerning the housing 
          accommodations known as Apts. 1R, 2L, 3R, and 4L at 39-70 62nd 
          Street, Woodside, NY wherein the Administrator denied the owner's 
          rent restoration application for these apartments but granted it 
          for all other apartments for which a rent reduction had been 
          granted. 

          On July 20, 1989, the above named petitioner-tenants filed a 
          Petition for Administrative Review of the same order.
            
          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 November, 25, 1986 under Docket 
          No. AB130014B.  The rent reduction was ordered based on a finding 
          that the owner had failed to repair or restore the defective 
          building entrance and vestibule door locks, defective bells, dirty 
          garbage area and uncovered cans, and defective windows throughout 
          the building.  The owner stated in the application that he had 
          installed a new buzzer system, a new front door and lock, new 
          windows throughout the building, and new garbage cans and covers 
          with chains.

          A physical inspection of the premises by a DHCR employee on May 3, 
          1989 revealed that all services had been restore except for 
          inoperative door bells at four apartments.  With regard to the 
          windows, the inspector reported that new windows had been installed 












          DH130091RO

          throughout the public hallways and there was no evidence of any 
          defects.

          Based on this report, the Rent Administrator granted the owner's 
          rent restoration application for all but the four apartments.

          In the petition for administrative review filed by the owner, he 
          asserts that substantial sums were expended to restore services and 
          that the defective bells reported by the inspector are minor items 
          that the owner repaired on July 20, 1989 to the satisfaction of the 
          tenants who have signed statements to that effect.

          The owner's petition was served on the tenants on November 27, 
          1989.

          In the petition for administrative review filed by the tenants of 
          Apt. 3L, they assert that although new windows were installed, they 
          are defective and do not stay open.  They argue that the rent 
          should not be restored until this problem is corrected.

          The tenants' petition was served on the owner on November 6, 1989.  
          In response, the owner stated that all repairs to the tenants' 
          apartment have been completed and submitted a copy of a work order, 
          signed by the tenants, listing repairs done to various conditions 
          other than windows. 
           
          After careful consideration of the evidence of record, the 
          Commissioner is of the opinion that both petitions 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 all 
          services had been restored except for four defective bells and the 
          rent was properly restored for all but those four tenants.  The 
          owner concedes in his petition that the necessary repairs to the 
          door bells were not made until after the Administrator's order was 
          issued.  The owner subsequently filed another application for rent 
          restoration which was granted (Docket No. DH130099OR).

          The tenants' petition concerns the condition of windows within the 
          apartment whereas the restoration proceeding concerned building- 
          wide conditions for which the condition of the public area windows 
          was investigated and found to be without defects.  Accordingly, 
          rent restoration was properly granted.

          THEREFORE in accordance with the Rent Stabilization Law and Code, 






          DH130091RO

          it is 

          ORDERED that these petitions be and the same hereby are 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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