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.:FC110004RO
Michael Pistilli, RENT ADMINISTRATOR'S
DOCKET NO.: EI110460S
58-35 Granger Street
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 February 20, 1991 concerning the
housing accommodations relating to the above-described docket
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.
The tenant commenced this proceeding on September 17, 1990 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer filed on October 30, 1990, the owner asserted in
substance that the apartment is scheduled for repairs on November
In another answer filed on November 16, 1990, the owner submitted a
copy of a work order dated November 7, 1990 indicating a tenant's
signature on the statement that work was completed.
Thereafter, a physical inspection of the subject apartment was
conducted on January 15, 1991 by a DHCR staff member who reported
that the linoleum floor in the kitchen was ripped and broken, there
was missing linoleum covering an area 6 inches by 18 inches, and
that four (4) pairs of doors in the kitchen cabinets could not be
By an order dated February 20, 1991, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that all work was
done on November 7, 1990 as indicated by the tenant's signed
acknowledgement in the work order.
In answer, the tenant asserted that defective conditions continued
After careful consideration, the Commissioner is of the opinion that
the petition should be granted in part, and that the Administrator's
order should be modified accordingly.
Based on the statement allegedly signed by the tenant that all
repairs had been completed, the owner could reasonably assume that
no further action was required and that the proceeding before DHCR
would be terminated without a rent reduction. Due process requires
that the tenant's statement, if submitted by the owner, be served on
the tenant and, if challenged, that the owner be advised that the
complaint was not being withdrawn.
In the instant case, the physical inspection revealed that contrary
to the owner's allegations and the statement allegedly signed by the
tenant, the necessary repairs were not done and could not possibly
have been done properly on November 7, 1990 if three months later,
the linoleum floor in the kitchen was ripped and broken, the
linoleum covering an area 6 inches by 18 inches was missing, and
four (4) pairs of doors in the kitchen cabinets could not be closed.
A rent reduction for these conditions is required pursuant to
Section 2523.4 of the Rent Stabilization Code, but because of the
failure to verify the tenant's signature on the signed work order or
to advise the owner that the complaint was being terminated, the
effective date of the rent reduction is hereby modified to March 1,
1991, the first of the month following issuance of the
Administrator's order, when the owner actually knew that the
complaint was still active and that DHCR's physical inspection
revealed the need for additional repairs.
The Commissioner notes that the status of the owner's rent
restoration applications is as follows: FC110045OR denied on July
25, 1991; FJ110216OR denied on May 18, 1992; and GF110164OR granted
on September 15, 1993.
Rent arrears may be due the owner from the tenant as a result of
this Order and Opinion. Any arrears shall be paid in monthly
installments which shall not exceed the amount of the monthly
reductions revoked herein.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
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.
JOSEPH A. D'AGOSTA