Docket Number: FB-110169-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.: FB 110169-RO
MICHAEL PISTILLI, DRO DOCKET NO.: EI 110468-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 10, 1991, by the Rent
Administrator of the Gertz Plaza, Jamaica, District Rent Office concerning
the housing accommodations known as Apartment No. 4-O, 58-35 Granger St.,
This administrative appeal is being determined pursuant to the provisions
of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The issue herein is whether there was a decrease in services, warranting a
reduction of the legal regulated rent.
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 17, 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 30, 1990 and November 16, 1990, the owner denied the
allegations set forth in the tenant's complaint or otherwise asserted that
all required repairs had been or will be completed.
On December 28, 1990, an inspection of the subject apartment was conducted
by a DHCR inspector who confirmed the existence of defective conditions.
On January 10, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the stabilization rent.
In this petition, the owner contends in substance that repairs had been
performed and that the owner should have been given the opportunity to
repair after the inspection.
Despite the owner's assertions, the inspection prior to the issuance of
this order under appeal disclosed that the complained-of conditions
Accordingly, the Administrator properly found a decrease in services and
correctly ordered a rent reduction.
Docket Number: FB-110169-RO
Contrary to the owner's allegation that he should have been given the
opportunity to repair after the inspection, the Commissioner notes that
the owner's receipt of the tenant's complaint is sufficient notice to the
owner to do repairs.
Moreover, the owner had five months from the date of service of the
tenant's complaint until the issuance of the Administrator's order to
investigate the tenant's complaint and to make the necessary repairs, but
the owner failed to do so.
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,