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.: DF410102RO
ALBERT & ROSE FIORDALISI RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On June 2, 1989 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 30, 1989. The order concerned housing
accommodations known as Apt. 4R located at 257 W. 70th Street, New
York, N.Y. The Administrator directed restoration of services and
ordered a rent reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on October 9, 1984 by
filing an Objection to Rent/Services Registration. The tenant
alleged that the owner failed to renew her lease, that the room
count was incorrect and that the registration statement should be
amended to include certain services omitted by the owner.
The owner was served with a copy of the objection and afforded
an opportunity to respond. The owner filed a response on December
14, 1987 and stated that it was maintaining all required services,
that the room count was correct and that the tenant was a month-to-
month rent controlled tenant who was not entitled to a lease.
The Rent Administrator confirmed that the apartment was rent
controlled and converted the proceeding to a complaint alleging a
failure to maintain services but without so notifying the owner.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on August 18, 1988 and
revealed the following:
1. Defective bell and buzzer system,
2. Peeling paint and plaster on living room/studio
ceilings and walls and in bathroom above wall
3. Evidence of roach infestation.
All other services were found to have been maintained.
The Administrator issued a rent reduction order on September
28, 1988 and ordered a rent reduction of an amount equal to the
percentage of the most recent guideline adjustment for the tenant's
lease commencing before August 1, 1988. On March 14, 1989 the
Administrator issued an amended order wherein the rent reduction
was changed from a guideline increase to $16.00 per month based on
the fact that the subject tenant is rent controlled. The remainder
of the order was affirmed. A second amended order was issued on
May 30, 1989, correcting the owner's name and address.
On appeal the owner states that the order hereunder review was
not correctly issued and should be revoked based on the tenant's
failure to allow access to the subject apartment. The petition was
served on the tenant on September 15, 1989. The tenant filed a
response on November 14, 1989 and stated, in sum, that she had not
denied the owner access to the apartment.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the order here under review should be revoked.
The tenant filed an objection to the 1984 Apartment
Registration Statement, a proceeding that is meaningless for a rent
controlled apartment. The proceeding was converted to a complaint
alleging failure to maintain essential services but without notice
to the owner. The owner was deprived of the opportunity to respond
to the matter as a services complaint wherein the issue of access
might have been raised and the owner was never on notice that a
rent reduction might be ordered. Therefore, the order hereunder
review is revoked.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City it is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, revoked. If the tenant owes arrears based on the
Commissioner's determination herein, the tenant may pay off said
arrears in installments of $16.00 per month or immediately if the
JOSEPH A. D'AGOSTA