GA630241RO

                                  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.:  GA630241RO
                                                  
          PARKCHESTER MANAGEMENT CORP.            RENT
                                                  ADMINISTRATOR'S DOCKET 
                                                  NO.: FD630185OR
                                  PETITIONER            
          ----------------------------------x


            ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
                  IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER

               On January 30, 1992 the above named petitioner-owner filed a 
          Petition for Administrative Review against an order of the Rent 
          Administrator issued January 21, 1992. The order concerned various 
          housing accommodations located at 1940 East Tremont Ave., Bronx, 
          N.Y.  The Administrator granted in part the owner's rent 
          restoration application with regard to rent controlled tenants and 
          denied the application with regard to rent stabilized tenants.

               The Commissioner has reviewed the record and carefully 
          considered that portion relevant to the issues raised by this 
          appeal.

               The owner commenced this proceeding on April 16, 1991 by 
          filing an Application for Rent Restoration wherein it alleged that 
          it had restored services for which a rent reduction order bearing 
          Docket No. BH610067B had been issued wherein the owner was directed 
          to repair the elevator indicators, peeling paint and plaster in the 
          basement hallway walls and the stairwell walls from the first floor 
          to the basement on the A line.  The defective vents condition was 
          subsequently deleted as a basis for the rent reduction in an 
          amended order.  The tenants were served with copies of the 
          application  and afforded an opportunity to respond.  

               The Administrator ordered a physical inspection of the subject 
          building.  The inspection was conducted on November 25, 1991.   The 
          inspector reported that the bulkhead walls in Section A were 
          painted properly and that the basement walls were plastered but not 
          painted.

               The Administrator issued the order here under review on 
          January 21, 1992.  Rent restoration of $1.00 per month was granted 












          GA630241RO

          for rent controlled tenants.  The owner was advised to refile for 
          the remaining $1.00 per month when the basement walls were painted.  
          Rent restoration was denied for rent stabilized tenants.

               On appeal the owner, represented by counsel, states that the 
          services reported as not being maintained are ones requiring normal 
          maintenance, are promptly attended to and are of a recurring 
          nature.  The owner further states that the work has been completed 
          but simply recurs and is done again.  The petition was served on 
          the tenants on February 19, 1992.

               After careful review of the evidence in the record, the 
          Commissioner is of the opinion that the petition should be granted 
          in part and the Rent Administrator's order should be modified.

               In Docket No. EL630015RO the Commissioner found that a review 
          of the  rent reduction order revealed that the owner was directed 
          to repair the peeling paint and plaster on the basement walls and 
          the stairwell walls from "1st floor to basement on the A line." The 
          finding of peeling paint and plaster on the bulkhead walls was 
          found not to be within the purview of the conditions the owner was 
          directed to restore.

               The inspector did find that the basement walls had not been 
          painted.  In order to obtain complete rent restoration the owner 
          was required to both plaster and paint the walls.  Since the owner 
          did not do both the Administrator was correct in granting only 
          $1.00 in rent restoration and advising the owner to refile for the 
          remaining $1.00 and for rent restoration for rent stabilized 
          tenants when the basement walls were painted.

                Accordingly, the Commissioner finds that the Administrator 
          properly determined that the owner had failed to restore all 
          services based on the evidence of record, including the results of 
          the on-site physical inspections of the subject premises.  The 
          Administrator correctly denied the rent restoration application for 
          rent stabilized tenants.  For rent controlled tenants, the 
          Administrator's order is hereby modified to delete the finding 
          regarding the Section A bulkhead and affirmed as modified.

               The Commissioner notes that the owner has reapplied for rent 
          restoration.  In Docket No. GJ630047OR the Administrator granted 
          the application, restored the remaining $1.00 per month for rent 
          controlled tenants and granted rent restoration for rent stabilized 
          tenants.  The Commissioner further notes that the rent reduction 
          proceeding has been remanded to the Administrator for further 
          processing wherein the issue of whether a rent reduction was 
          warranted is being reexamined.  If the orders are revoked pursuant 
          to the remand, the rents will be restored as of the original 
          effective date of the reduction.  If the orders are affirmed 
          without modification, the owner's rights to restoration of the 
          rents based on applications previously or subsequently filed or 






          GA630241RO

          pending will not be affected.  If the orders are amended, the owner 
          may have to file new applications to restore based on the 
          restoration of services cited in the modified rent reduction 
          orders.

               THEREFORE, pursuant to the Rent Stabilization Law and Code and 
          Rent and Eviction Regulations 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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