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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.: BG 410230 RT
DRO DOCKET NO.: TC 082690 G
STEVEN H. KELNER, CDR 30,830
TENANT: STEVEN M. KELNER
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 27, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on July
8, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 131 East
83rd Street, New York, New York Apartment No. 5B, wherein the Rent
Administrator determined that the tenant had vacated without a
forwarding address and terminated the tenant's complaint.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2526.1 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order was
warranted.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
In Order Number CDR 30,830, the Rent Administrator determined that
the tenant had vacated the subject apartment and terminated the
proceeding.
In this petition, the tenant contends in substance that the Rent
Administrator's order is in error because the tenant had not
vacated the apartment but did send in a request withdrawing his
complaint. The tenant requests that the Rent Administrator's order
be modified to indicate that the proceeding should be terminated
due to the withdrawal of the complaint not due to the tenant's
vacating the subject apartment.
In answer to the tenant's petition, the owner contends in substance
that it concurs with the tenant that the complaint was withdrawn by
the tenant.
The Commissioner is of the opinion that this petition should be
granted.
An examination of the records in this case discloses that the
tenant is correct in its contention that the rent Administrator
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erroneously stated that the tenant had vacated the subject
apartment in terminating the proceeding. Evidence in the file
indicates that a request for updated rental history dated July 21,
1986 sent to the tenant by certified mail was returned by the
United States Postal Service as "unclaimed" not "moved".
Accordingly, the tenant's complaint should have been terminated as
a withdrawal as requested in the petition.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, granted, that the order of the Rent Administrator
be, and the same hereby is, modified to show that the tenant
withdrew his overcharge complaint rather than that the tenant moved
from the subject apartment. In all other respects, the Rent
Administrator's order is affirmed.
ISSUED
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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