GB630070RO

                                  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.:  GB630070RO
                                                  
          PARKCHESTER MANAGEMENT CORP.            RENT
                                                  ADMINISTRATOR'S DOCKET 
                                                  NO.: FD630065OR
                                  PETITIONER            
          ----------------------------------x


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                          
               On February 7, 1992 the above named petitioner-owner filed a 
          Petition for Administrative Review against an order of the Rent 
          Administrator issued February 3, 1992. The order concerned various 
          housing accommodations located at 1380 Virginia Ave, Bronx, N.Y.  
          The Administrator granted in part the owner's application for rent 
          restoration 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 5, 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. BH610110B had been issued.  The Commissioner notes that the 
          rents were ordered reduced based on findings of defective vents; 
          basement walls peeling paint and plaster; stairwell walls of 
          Section "A" and "B" lines from top floor to roof peeling paint and 
          plaster and stairwell steps in need of cleaning.  The Commissioner 
          further notes that the issue of the defective vents is no longer an 
          active issue in this proceeding and that, in Docket No. DF630180OR, 
          the Administrator granted partial rent restoration to the owner. 
          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 September 3, 1991.  The 
          building was reinspected on December 23, 1991.  The inspector 
          reported that there was evidence of peeling paint and plaster on 
          the bulkhead wall surrounding the window to Section "A" as well is 
          water damamged and in need of pointing. The inspector also reported 












          GB630070RO

          that all other services had been restored.

               The Administrator issued the order here under review on 
          February 3, 1992.  With respect to rent controlled tenants the 
          Administrator granted the owner's application in part.  Rent 
          restoration of 50 cents per month was ordered based on the 
          inspector's report.  The Administrator advised the owner to refile 
          for the remaining 50 cents per month when services were fully 
          restored.  The application was denied with respect to rent 
          stabilized tenants.

               On appeal the owner, represented by counsel, states that the 
          service reported as not being maintained is one requiring normal 
          maintenance, is promptly attended to and is 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 April 22, 1992. 

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

               The Commissioner notes that although the owner has 
          characterized the cited condition as normal maintenance and 
          something which is "promptly attended to" but recurs, the record 
          reveals that "normal maintenance" did not, in this case, include 
          prompt attention to the cited condition between the dates of the 
          inspections, which were several months apart.  In the opinion of 
          the Commissioner, an item of normal maintenance would have been 
          corrected within this time span and, if corrected properly, would 
          not have reappeared.  The Commissioner further notes that the 
          original rent reduction order and the corresponding inspection 
          reports in the restoration proceedings cite the same defective 
          condition at the identical location.

               The Commissioner notes that while the owner questions the 
          findings of fact, the record clearly reflects those findings by 
          virtue of the DHCR inspections described above. 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 
          and correctly granted the application in part for rent controlled 
          tenants.

               This order and opinion is without prejudice to the owner's 
          right to file a new rent restoration application based upon 
          restoration of the remaining services.  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 






          GB630070RO

          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 
          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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