Docket Number: FB-110250-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FB 110250-RO
:
MICHAEL PISTILLI, DRO DOCKET NO.: EI 110337-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 22, 1991, the above-named owner filed a timely Petition
for Administrative Review of an order issued on January 28, 1991
concerning t e housing accommodations relating to the above-
described docket number.
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.
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.
Although duly notified to do so on September 26, 1990, the owner
failed to respond to the tenant's complaint.
Thereafter on November 27, 1990, an inspection of the subject
apartment was conducted by a DHCR inspector who confirmed the
existence of defective conditions.
On January 28, 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 have
been performed. The owner also alleges that the problems of the
broken intercom and defective floors are not in the original
complaint of the tenant.
The Commissioner is of the opinion that this petition should be
denied.
The owner's petition does not make clear whether it is the owner's
contention that repairs had been made before the apartment was
inspected or the order was issued, or whether the contention is that
repairs were made following the issuance of the Rent Administrator's
order. If it is the former, then the owner's allegation is belied
by the report of the agency inspector. If it is the latter, then
the Rent Administrator's order reducing the rent was nevertheless
correct when issued, and this order is issued without prejudice to
the owner filing an application for restoration of services.
Docket Number: FB-110250-RO
Despite the owner's assertions, the Commissioner finds that the
owner was duly notified in the tenant's original complaint of the
defective intercom and floors.
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.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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