Doc. #FD210386RT
                                STATE OF NEW YORK
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                              JAMAICA, NEW YORK  11433

        APPEAL OF                                 DOCKET NOs.: FD210386RT
               Salvatore La Corte                 RENT ADMINISTRATOR'S
               Ralph A. Manegue                   DOCKET NO.: EE230045OR

                            PETITIONERS     :


        On April 23, 1991 and August 23, 1991, the above-name petitioner- 
        tenants timely refiled petitions for administrative review of an order 
        issued on February 14, 1991, by the Rent Administrator, concerning the 
        housing accommodations known as apartments 44 and 62 at 131 Joraleman 
        Street, Brooklyn, NY wherein the Administrator determined that the 
        owner had restored all services for which a rent reduction order had 
        been issued and ordered restoration of the rent.

        These petitions are being consolidated because they involve common 
        issues of law and fact.

        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 record reveals that the owner filed a second rent restoration 
        application on May 7, 1990 in which it was stated that all conditions 
        for which a rent reduction order had been issued (Docket No. CJ230061B) 
        had been corrected.  The rents had been reduced for peeling paint and 
        plaster in the public hallway and bulkhead of the subject premises.

        The two petitioners filed answers to the application and asserted that 
        services unrelated to the subject of the rent restoration proceeding 
        are not being maintained.

        A physical inspection of the subject premises by DHCR on October 30, 
        1990 revealed that the peeling paint and plaster conditions on the 
        sixth floor ceiling and bulkhead areas had been repaired in an 
        unworkmanlike manner.

        The owner was advised of the results of the inspection on November 15, 
        1990 and afforded an opportunity to establish the completion of 

        The owner responded by letter dated December 12, 1990 that the areas 
        had been redone and enclosed a copy of a paid bill from a painting 
        Based on the owner's submission the Administrator issued an order 
        restoring the rent.

        Doc. #FD210386RT

        In the petitions for administrative review, both petitioners assert 
        that the front door, elevator, and boiler are not being properly 

        In answer to the petitions, the owner states that the conditions 
        mentioned in the petitions were previously investigated by DHCR and 

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

        The only issue in the instant proceedings concerns the restoration of 
        those services for which the rent had been reduced.  The rent had been 
        reduced only for the peeling paint and plaster conditions in public 
        areas and these conditions were found to have been repaired.  The 
        tenants' petitions raise matters that were the subject of the initial 
        complaint and were found to have been corrected.  The tenants did not 
        appeal that order but my file a new complaint if the owner is not 
        maintaining required or essential services.

        THEREFORE, in accordance with the Rent Stabilization Law and Code, and 
        Rent and Eviction Regulations for New York City, 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.

                                                 Joseph A. D'Agosta
                                                 Deputy Commissioner

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