ARL 09538-Q
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.: ARL 09538-Q
ROTHSCHILD ASSOCIATES, OWNER
DRO DOCKET NO.: QS-003431-S
TENANT: MARTHA CORREA
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 18, 1986, the above-named petitioner filed a Petition
for Administrative Review against an order issued on April 7,
1986 by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York concerning the housing accommodations known as 90-36
149th Street, Jamaica, New York, Apartment 3M.
The tenant commenced this proceeding on May 31, 1985 by filing a
complaint of diminution of services, alleging inter alia that the
kitchen sink pipe was leaking, the kitchen ceiling had hairline
cracks, the bedroom floor was damaged, there was evidence of
roach and mice infestation, and the apartment needed painting.
A physical inspection which was conducted by a staff member of
the Division of Housing and Community Renewal (DHCR) on October
8, 1985 confirmed the existence of the afore-mentioned service
deficiencies.
On April 7, 1986, the Administrator issued the order herein
appealed, finding a diminution of services and reducing the rent
to the level in effect prior to the last guidelines increase.
In the appeal, the petitioner contends that the order reducing
the rent should be reversed because the tenant had withdrawn the
complaint prior to the issuance of the order and because the
required repairs had been made. To substantiate the contention,
the owner submits a copy of a stipulation entered into in New
York City Housing Court on September 23, 1985 in which the tenant
agreed to withdraw the complaint. The owner submits also copies
of work orders signed by the tenant, indicating that repairs had
been satisfactorily completed.
Although afforded the opportunity to do so, the tenant did not
respond to the petition.
After careful consideration the Commissioner is of the opinion
that this petition should be granted.
ARL 09538-Q
Code Section 2520.13 provides, in pertinent part, that based upon
a negotiated settlement between the parties that has been
approved by a court of competent jurisdiction where a tenant is
represented by counsel, a tenant may withdraw a complaint pending
before the Division of Housing and Community Renewal (DHCR).
Review of the record reveals that a copy of the stipulation was
submitted to the Administrator before the order's issuance.
Since, in the instant case, the tenant's agreement to withdraw
the complaint fulfills the requirements of Section 2520.13, the
Commissioner finds that the order should be revoked and the rent
restored.
If there are any arrears owing as a result of this order, the
tenant may pay them in twelve equal payments over the next
twelve months.
This order is without prejudice to the tenant's right to file a
service complaint if there again is a decrease in services.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
and that the Rent Administrator's order be, and the same hereby
is, revoked.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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