DHCR Decisions
DOCKET NO.: BB 210687 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. BB 210687 RT
DISTRICT RENT
Robert Shawe, ADMINISTRATOR'S DOCKET
NO. 059387
PETITIONER
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ORDER AND OPINION TERMINATING PROCEEDING
On March 2, 1987, the above-named tenant filed a petition
for administrative review of an order issued on February 11, 1987
by a District Rent Administrator concerning the housing
accommodation known as Apartment C3, 203 Baltic Street, Brooklyn,
New York, wherein the Administrator dismissed the tenant's
complaint.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the petition for review.
The proceeding was initiated by the tenant on June 4, 1986
by the filing of an objection to the 1985 Apartment Registration.
The tenant stated therein that he had never received the
Apartment Registration Form (RR-1). Also, the tenant stated that
the rent shown on the RR-1 was an overcharge and that this
complaint was a fair market rent appeal. Finally, in the area of
the form reserved for incorrect or omitted services, the tenant
listed a variety of alleged service diminutions instead.
In its answer to the complaint the owner asserted, in
substance that no overcharges occurred and all service defects
were attended to promptly.
During the pendency of this proceeding before the
Administrator, voluminous communications from the tenant were
received. All of these communications related to alleged service
defects in the subject apartment.
DOCKET NO.: BB 210687 RT
In the order here under review, the Administrator dismissed
the tenant objection to registration. The Administrator found
that the objection to registration form (TC-1) used by the tenant
related only to objections to the April 1, 1984 registration.
The Administrator, along with the order dismissing the complaint,
included, in the mailing, copies of the correct forms to be
utilized by the tenant.
In his petition for administrative review the tenant again
raises only issues involving diminished services.
After careful consideration, the Commissioner is of the
opinion that these proceedings should be terminated.
Agency records indicate that on two other occasions the
tenant filed service complaints which have been independently
processed (Docket No. AF 210179 S and Docket No. AL 210706 S).
In addition, a rent overcharge complaint was filed by the tenant
(Docket No. EK 210017 R) and is being processed. Finally, agency
records indicate that the subject tenant has vacated the
premises.
In view of these circumstances, the Commissioner is of the
opinion that the tenant complaints have been or will be fully
heard and considered by the agency in separate proceedings.
Accordingly, this proceeding should be terminated as moot.
THEREFORE, pursuant to the Rent Stabilization Law and Code,
it is
ORDERED, that this proceeding be, and the same hereby is,
terminated.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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