STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CF120232RO
Michael Pistilli, : RENT ADMINISTRATOR'S
DOCKET NO.: BJ120603S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING ADMINISTRATOR'S ORDER
On June 29, 1988, the above-named petitioner-owner filed a petition
for administrative review of an order issued on June 6, 1988 by
Rent Administrator, concerning the housing accommodation known as
22-06 38 Street, Apt. 3F, Long Island City, NY wherein the
Administrator determined that the owner had refused to paint the
apartment and ordered a restoration of the service.
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 proceeding was commenced by the filing by the tenants of a
complaint of decrease in apartment services, stating that the owner
had refused to paint the apartment. In support of the complaint,
the tenants included a copy of a letter to the owner dated August
26, 1987. Contrary to the tenants' complaint, the letter clearly
requested that the tenants be allowed to paint the apartment
In the PAR, the owner contends that the tenants would not allow the
owner to paint, preferring to do it themselves, and that the
tenants received a $100 credit toward the rent. The tenants did
not reply to the owner's PAR.
The Commissioner is of the opinion that the petition should be
granted and the Administrator's order revoked.
The Administrator's finding that the owner refused to paint the
apartment at a cost of $100 is not supported by the evidence. The
tenants' submissions show that they requested to paint the
apartment themselves and take a $100 credit as provided in the
lease. Furthermore, the Administrator's direction to the owner to
provide painting services is outside the scope of the complaint.
The complaint sought reimbursement for a painting job that was
The owner is cautioned that he may not require or encourage tenants
to paint their apartments, thereby transferring his obligation to
maintain services to the tenants. Owner shall hereafter paint the
apartment in accordance with the provisions of the Law and Code.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, granted,
and that the Rent Administrator's order be, and the same hereby is,
Joseph A. D'Agosta