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: CI630161RO
ANTHONY PUGLISI, RENT ADMINISTRATOR'S
DOCKET NO.: BL620011B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 21, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
September 14, 1988, by the Rent Administrator, concerning the
housing accommodations known as 534 Morris Park Avenue, Bronx,
N.Y., various tenants, wherein the Administrator determined that a
reduction in rent was warranted based upon a reduction in services.
The Rent Administrator also directed full restoration of services.
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 issue herein is whether the Rent Administrator properly reduced
the rents of various rent stabilized apartments in the subject
On December 4, 1987, the tenants filed a complaint alleging that
the owner was not providing certain required services.
The owner filed an answer to the complaint on January 29, 1988,
alleging that the fluorescent hall lights are constantly being
stolen; that steps were being taken to prevent recurrence; that the
public areas were raked and cleaned of debris and that poor
lighting on the right side of the building need not be corrected
because tenants have no reason to go there except to park cars.
DCHR inspections conducted on January 29, 1988 and August 4, 1988,
1. Light fixtures in front of building are missing.
2. Courtyard in back of building (rear) is filled
with debris and old bricks.
3. Light fixture on wall by parking area entrance,
light bulb is missing.
On appeal, the petitioner-owner asserted, in pertinent part, that
the first time he even heard of these proceedings when the order
The petition was served on the tenants on October 26, 1988, but the
tenants failed to file an answer to the petition.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523.4 (a) of the Rent Stabilization Code, a
tenant may apply to the Division of Housing and Community Renewal
(DHCR) for a reduction of the legal regulated rent to the level in
effect prior to the most recent guideline adjustment, and the DHCR
shall so reduce the rent for the period for which it is found that
the owner has failed to maintain required services.
Required services are defined in Section 2520.6 (r) to include
repairs and maintenance.
The record demonstrates that the owner filed an answer to the
tenants' complaint on January 29, 1988 and that he was a full
participant below - thus belying his contention on appeal that he
first learned of the proceedings when the order was issued.
The Commissioner also finds that the Administrator properly based
his determination on the entire record, including the results of
the on-site physical inspections conducted on January 29, 1988 and
August 29, 1988, and that pursuant to Section 2523.4 (a) of the
Code,the Administrator was mandated to reduce the rent upon
determining that the owner had failed to maintain services.
The Commissioner finds, therefore, that the owner has offered
insufficient reason to disturb the Rent Administrator's
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
order and opinion.
The Division's records reveal that the owner's rent restoration
application was granted on August 14, 1989 (DC610141OR).
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA