ADM. REVIEW DOCKET NO.: AJ 810351 RT
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.:
AJ 810351 RT
:
DRO ORDER NO.:
YTC 84-1127
CAROL HIGGINS,
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 15, 1986, the above named petitioner-tenant filed
a Petition for Administrative Review against an order issued on
September 25, 1986, by the District Rent Administrator, 99 Church
Street, White Plains, New York, concerning housing accommodations
known as Apartment 1E, 808 Bronx River Road, Bronxville, New
York.
This proceeding was commenced on July 9, 1984 by the
tenant's filing of a complaint of improper eviction wherein the
tenant contended in substance that a warrant of eviction in the
Yonkers Civil Court had been stayed.
On August 9, 1986, the tenant informed the Division that she
was evicted from the subject apartment in July of 1985 when she
could no longer obtain a stay and that she had sued the landlord
in court.
In Docket Number YTC 84-1127 issued September 25, 1986, the
District Rent Administrator terminated the proceeding because the
eviction issue had been decided in court.
In this petition, the tenant contends in substance that the
District Rent Administrator's order is incorrect and should be
reversed because "a warrant of eviction was obtained in the
Yonkers City Court on June 4, 1984 by default through a fraud on
the court", and both the Yonkers Court and the Division of
Housing were deprived of their authority through deliberate
fraud.
The landlord did not submit a response to the tenant's
petition.
ADM. REVIEW DOCKET NO.: AJ 810351 RT
The Commissioner is of the opinion that this petition should
be denied.
A review of the record in the instant case indicates that
the tenant has admitted both in the proceeding before the
Administrator and on appeal that she was evicted from the subject
apartment pursuant to a Yonkers Court decision. Accordingly, the
Commissioner finds that the Administrator correctly terminated
the proceeding as the Division is precluded from modifying or
reversing the court's decision.
THEREFORE, in accordance with the Emergency Tenant
Protection Act and the Tenant Protection Regulations, 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:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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