Docket Number: FA 110243-RO
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.: FA 110243-RO
MICHAEL PISTILLI, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EI 110396-S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of an order issued on December 12, 1990, concerning the
housing accommodations relating to the above-described docket
number, known as 58-35 Granger Street, Apartment No. 6A, New York,
New York 11368.
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 administrative appeal.
This proceeding was commenced on September 17, 1990 when the tenant
filed a complaint asserting that "the bathtub has a leak"; that the
"bathroom tiles are loose"; that the apartment door has no "peep
hole" for security; that there is "no doorbell"; that the "intercom
does not work"; that the "refrigerator is falling apart inside";
that the apartment windows are not secure; that there is roach
infestation; and "some of the (electrical) outlets are cracked."
In its answer filed on October 30, 1990, the owner asserted that all
required repairs will be completed on November 13, 1990.
Thereafter on November 27, 1990, an inspection of the subject
apartment was conducted by a DHCR inspector who confirmed that the
"bathtub faucets are leaking," that the "apartment intercom is not
audible," that two bedroom windows and window sills "were wet, loose
and drafty..." and that the "electric outlet over the kitchen sink
in the kitchen is broken."
Based on said inspection, the Administrator directed on December 12,
1990 restoration of these services and further ordered a reduction
of the stabilized rent.
In this petition, the owner contends in substance that all required
services were restored prior to the issuance of the order; and that
the issues of defective "entrance door lock," "top lock cylinder"
and "kitchen sink" were not mentioned in the September 17, 1990
tenant's original complaint.
After careful consideration, the Commissioner is of the opinion that
this petition should be granted in part, and the Administrator's
Docket Number: FA 110243-RO
order modified accordingly.
The owner's contention, without any clear proof, that all required
services were restored before the order's issuance does not rebut
the inspection finding decreased services. In addition, the alleged
repair receipts were raised for the first time as a self-serving
assertion on appeal and not submitted in the proceeding below and
prior to the issuance of the Administrator's order. Accordingly,
this allegation is beyond the scope of review, which is limited to
the issue and evidence before the Administrator.
It is noted that the tenant's complaint did not refer to "entrance
door lock" and "top lock cylinder." However, these items were
improperly referred to by the Administrator and should therefore be
deleted from the order.
It is also noted that a defective "sink" was not mentioned in the
tenant's complaint. The order appealed from should be corrected to
conform to the inspection report, stating that the "electric outlet
over kitchen sink in the kitchen is broken."
This Order and Opinion is issued without prejudice to the owner
filing an application for restoration of services, if the facts so
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, granted in
part and that the Administrator's order be, and the same hereby is,
modified in accordance with this Order and Opinion.