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.:FC110247RO
Michael Pistilli, RENT ADMINISTRATOR'S
DOCKET NO.:DJ110203S
SUBJECT PREMISES:
26-80 30 Street
Apt. 1F
Astoria, NY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on March 1, 1991 concerning the 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.
The tenant commenced this proceeding on October 12, 1989 by filing
a complaint asserting that the owner had failed to maintain numerous
services in the subject apartment.
In answer, the owner asserted in substance that the tenant refused
access.
DHCR mailed to the owner a copy of Policy Statement 90-5 which
explains the proper procedure to carry out when the tenant refuses
access.
On October 3, 1990, the owner submitted a March 26, 1990 copy of a
court stipulation indicating, in pertinent part, that the owner
should finish all repairs by April 5, 1990. A copy of a work order
dated June 21, 1990 was also submitted by the owner, showing that
the tenant signed a certification that repairs were done.
In response, the tenant informed DHCR that the replacement
refrigerator was defective; that the defective stove was not
replaced; that the owner painted only the small foyer and the entire
apartment was not painted.
Thereafter, a physical inspection of the subject apartment was
conducted on January 25, 1991 by a DHCR staff member who confirmed
FC110247RO
the existence of the following defective conditions:
1) In the living room, the right window top and bottom sashes
do not close properly, the lock is inoperative and the
window permits air seepage. The left window top sash is
painted shut, the top and bottom sashes do not close
properly and the window permits air seepage.
2) One (1) kitchen window top sash is painted shut, and the
window permits air seepage.
3) One (1) bathroom window top and bottom sashes are painted
shut, and the window permits air seepage.
4) Two (2) bedroom sashes are painted shut, the left window
lock is inoperative and the windows permit air seepage.
5) The refrigerator and freezer compartments temperatures are
inadequate; the freezer temperature (14 degrees Fahrenheit)
and the fresh food compartment temperature (42 degrees
Fahrenheit) are above the required level. The refrigerator
engine produces a loud noise.
6) The bathtub hot water faucet leaks.
7) The kitchen cabinet doors do not close properly.
By an order dated March 1, 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.
In answer, the tenant asserted that the defective conditions still
exist.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition, including copies of the court
stipulation that all repairs should be completed on April 5, 1990,
does not establish any basis to modify or revoke the Administrator's
determination based on the January 25, 1991 inspection which
confirmed the existence of defective conditions, warranting a rent
reduction.
Moreover, the copy of a June 21, 1990 work order allegedly signed by
the tenant is disputed by the tenant's answer stating that the
replacement refrigerator was defective; that the defective stove was
not replaced; and that the owner painted only the small foyer and
the entire apartment was not painted. The inspection verified the
tenant's answer, showing that defective conditions existed.
FC110247RO
The status of the owner's rent restoration applications is as
follows: FC110189OR denied on July 10, 1991, FL110091OR denied on
March 17. 1993 and HI110094OR denied on March 18, 1994.
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, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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