STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.
PETITIONER AH 110086-OR
----------------------------------x QS 003210-S
ORDER AND OPINION TERMINATING PROCEEDING
On October 26, 1987, the above-named owner filed a petition for
administrative review of an order issued September 30, 1987, by
the Rent Administrator, concerning housing accommodations known
as Apartment 2, 138-45 Jewel Avenue, Flushing, New York, wherein
the Rent Administrator denied the owner s application for per-
mission to reinstate rent levels that had been reduced by a prior
Division of Housing and Community Renewal (DHCR) order.
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 in the petition for administrative review.
The original proceeding was initiated by the tenant, by the
filing of a complaint of a diminution in services, and was
assigned Docket No. QS 003210-S.
On February 18, 1986, the Administrator issued an order issued in
this matter, which, effective September 1, 1985, reduced the
tenant's rent to the level that had been in effect prior to the
most recent guidelines increase. The order listed the following
Kitchen and living room window
frames and sills need repairs.
On August 25, 1986, the owner filed an applicati n for restora-
tion of rent alleging that all service defects that had been set
forth in Docket No. QS 003210-S had been restored.
On September 30, 1987, the District Rent Administrator issued the
order under review herein denying the owner's application for a
restoration of rent.
The owner asserts in its petition that the required repairs had
been made and that the Administrator's denial of its applica-
tion was therefore not warranted.
After careful consideration, the Commissioner is of the opinion
that this proceeding should be terminated.
The Commissioner notes that by a subsequent order issued on
October 15, 1987 by the District Rent Administrator under Docket
No. BB 110053-OR, the rent was restored based upon the finding
that the repairs were completed.
Accordingly, as the relief sought by the owner in his petition
has already been provided by the subsequent order of the District
Rent Administrator, the Commissioner is of the opinion that the
instant proceeding should be terminated as moot.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this proceeding be, and the same hereby is,