EL630034RO

                                  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.:  EL630034RO
                                                  
          PARKCHESTER MANAGEMENT CORP.            RENT
                                                  ADMINISTRATOR'S DOCKET 
                                                  NO.: DF610181OR
                                  PETITIONER            
          ----------------------------------x


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                          
               On December 7, 1990 the above named petitioner-owner filed a 
          Petition for Administrative Review against an order of the Rent 
          Administrator issued November 29, 1990. The order concerned various 
          housing accommodations located at 1640 Metropolitan Avenue, Bronx, 
          N.Y.  The Administrator granted the owner's rent restoration 
          application in part 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 March 24, 1989 by 
          filing an Application for Rent Restoration wherein it alleged that 
          it had restored services for which a rent reduction order bearing 
          Docket No. BH610088B had been issued.  The Commissioner notes that 
          the rent was reduced based on findings of defective vents, roach 
          infestation, basement requiring cleaning and basement walls having 
          peeling paint and plaster.  The Commissioner also notes that the 
          issue of the defective vents has been deleted by the Administrator 
          and is no longer an active issue in this proceeding.

               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 May 23, 1990.  The building was reinspected on October 
          26, 1990. The inspector reported that there was evidence of peeling 
          paint and plaster on the basement walls.  All other services were 
          found to have been maintained.

               The Administrator issued the order here under review on 
          November 29, 1990.  Rent restoration of $6.00 per month was ordered 












          EL630034RO

          for rent controlled tenants.  The owner was given leave to refile 
          for the remaining $2.00 per month when services were fully 
          restored.  The application was denied with regard to rent 
          stabilized tenants.

               On appeal the owner, as 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 and that the conditions cited 
          in the rent reduction and rent restoration orders are at different 
          physical locations.  The petition was served on the tenants on 
          January 22, 1991.  

               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.

               The Commissioner 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 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.
               The Commissioner notes that the owner's reapplication for rent 
          restoration, which was assigned Docket No. GC630209OR, has been 






          EL630034RO

          granted by the Administrator.

               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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