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.: FB-110143-RO
MICHAEL PISTILLI, DISTRICT RENT ADMIN.
DOCKET NO.: EI110338-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 14, 1991, the above-named owner filed a Petition for
Administrative Review of an order issued on January 9, 1991, by
the Rent Administrator of the Gertz Plaza, Jamaica, District Rent
Office concerning the housing accommodations known as 58-35
Granger Street, Apt. No. 30, Corona, New York.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization
The issue herein is whether the Administrator's order is
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.
On September 10, 1990, the tenant commenced this proceeding by
filing a complaint asserting that the owner had failed to
maintain certain services in the subject apartment.
On October 24, 1990, the owner interposed an answer to the
tenant's complaint, wherein it alleged inter alia that all
services and repairs are being regularly provided and that the
complained-of conditions would soon be restored.
On December 27, 1990, an inspection of the subject apartment was
conducted by a D.H.C.R. inspection who confirmed the existence of
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
Docket Number: FB-110143-RO
In this petition, the owner states in substance that repairs had
been performed prior to the issuance of the Administrator's
The record clearly shows that a December 27, 1990 inspection
found the defective conditions in question. Although the owner
contends that repairs were effectuated prior to the issuance of
the Administrator's order, the Commissioner notes that the owner
submitted no evidence to substantiate the contention while the
proceeding was pending before the Administrator. The owner's
defense now raised for the first time an appeal is insufficient
to disturb the Administrator's order based on the December 27,
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.