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.: DA410019RO
JOSEPH PULIAFITO DOCKET NO.: BI410479S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 417 East 74 St., Apt. 14, New York, N.Y.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The tenant commenced the proceeding below by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer, the owner denied the allegations set forth in
the complaint or otherwise asserted that all required repairs had
been or will be completed, upon access.
On March 3, 1988 an access inspection of the subject apartment
was conducted by a D.H.C,R inspector who confirmed the existence of
some defective conditions cited in the complaint.
On July 5, 1988 and September 13, 1988, the tenant responded
to a notice which asked if the owner had performed repairs. The
tenant's reply stated that the owner had not made any repairs.
On October 4, 1988, an inspection of the subject apartment was
conducted by a D.H.C.R inspector who confirmed the existence of
peeling paint and plaster throughout, five windows with old and
loose frames which permit air seepage, and a defective lock on the
living room window.
The Rent Administrator directed restoration of these services
and further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states,
in substance, that since the tenant has altered the surfaces of the
apartment without consent, the peeling paint and plaster condition
should be omitted from the Administrator's order.
The DHCR served a copy of the petition on the tenant on March
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code,
DHCR is required to order the rent reduction, upon application by
the tenant, where it is found that the owner has failed to maintain
the required service. The owner's petition does not establish any
basis for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on a physical inspection of the subject apartment for which
a rent reduction is warranted. The allegation that the tenant
altered the surfaces of the apartment was not supported by any
evidence and was not noted by the inspection.
The owner may file a rent restoration application if the facts
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.
THEREFORE, in accordance with the Rent Stabilization Law and
Code and the Emergency Tenant Protection Act of 1974, it is,
ORDERED, that this petition be, and that the Rent
Administrator's order be, and the same hereby is, affirmed.
Joseph A. D'Agosta