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

          APPEAL OF                               DOCKET NO.: GD610280RO
                                                  NO.: FJ610841S

               On April 30, 1992 the above named petitioner-owner filed a 
          Petition for Administrative Review against an order of the Rent 
          Administrator issued April 9, 1992. The order concerned housing 
          accommodations known as Apt. 31 located at 2643 Sedgewick Ave., 
          Bronx, N.Y.  The Administrator directed restoration of services and 
          ordered a rent reduction for failure to maintain required services.  

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

               The tenant commenced this proceeding on October 30, 1991 by 
          filing a Statement of Complaint of Decrease in Services and alleged 
          that the owner had failed to maintain certain required services in 
          the subject apartment.

               The owner was served with a copy of the complaint and afforded 
          an opportunity to respond. The owner filed a response on November 
          27, 1991 and stated that all repairs had been completed.
               The Administrator ordered a physical inspection of the subject 
          apartment.  The inspection was conducted on March 12, 1992 and 
          revealed the following:

                    1.   Kitchen ceiling in need of painting,

                    2.   Bathroom ceiling is leak stained,

                    3.   Evidence of leak around bathroom sink riser,

                    4.   Evidence of leaks and stains on hallway ceiling.


               The Administrator issued the order here under review on April 
          9, 1992 and ordered a rent reduction based on the report of the 

               On appeal the owner states that the instant complaint is a 
          duplicate of a prior proceeding which was denied by the 
          Administrator, that there are no structural repairs needed, that 
          the remaining repairs are cosmetic in nature, that the tenant will 
          attest to this fact and that the order here under review should be 
          reversed. The petition was served on the tenant on May 11, 1992.  
               After careful review of the evidence in the record, the 
          Commissioner is of the opinion that the petition should be denied.

               Pursuant to Section 2523.4 of the Rent Stabilization Code a 
          tenant may apply to the DHCR for a rent reduction based on the 
          owner's failure to maintain services and the Administrator is 
          required to reduce the rent if it is found that the owner has not 
          maintained said services.  Repairs and maintenance are included 
          within the definition of required services.  The Commissioner has 
          consistently held that any repairs must be done in a workmanlike 

               The Commissioner finds that the Administrator based this 
          determination on the entire record including the results of the 
          physical inspection described above.  The owner has not rebutted 
          the inspector's report.  A review of the agency records reveals no 
          other complaints that were denied at or around the time that the 
          instant complaint was filed.  As stated above, the owner is under 
          continuing obligation to make repairs in a workmanlike manner and 
          the determination in any earlier proceeding would not be 
          dispositive of the instant case.  The order here under review is 

               The automatic stay of the retroactive rent abatement which 
          resulted from the filing of this petition for administrative review 
          is vacated upon issuance of this order and opinion.  The 
          Commissioner notes that the owner's rent restoration application 
          (Docket No. GE610200OR) is pending before the DHCR.

               THEREFORE, pursuant to the Rent Stabilization Law and Code it 


               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.


                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner


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