BH410293RT
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.: BH410293RT
RENT ADMINISTRATOR'S
Jean Barbaro Simonetti DOCKET NO.: AK410628S
PREMISES: 199 Prince St #5
New York, NY
PETITIONER
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ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order concerning the housing
accommodations relating to the above described docket number
wherein the Rent Administrator denied the tenant's application for
a rent reduction.
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.
On November 28, 1986, the tenant commenced the proceeding
below by filing a complaint asserting that the owner had deprived
her of mail service by refusing to provide a key to the mailbox.
On December 30, 1986, the owner answered the tenant's
complaint asserting, in pertinent part, that it had made several
attempts to hand deliver a mailbox key to the tenant.
On March 17, 1987, the mailbox was inspected by a Division
inspector. The inspector stated in his report that the mailbox
appeared to be in good condition.
On July 13, 1987, the Rent Administrator denied the tenant's
application and terminated the proceeding on the grounds that the
inspection of March 17, 1987, had disclosed that the complaint-of
condition had been corrected.
In the tenant's Petition for Administrative Review, filed on
August 15, 1987, the tenant contends that the Rent Administrator's
determination was based on insufficient information.
BH410293RT
On December 2, 1987, the owner was served with the tenant's
petition.
In its answer, dated December 16, 1987, the owner submitted a
copy of a stipulation with the tenant, wherein the tenant had
agreed to withdraw a DHCR Harassment Complaint with prejudice,
under Docket No. 17,719-HL, in consideration of receiving the
mailbox key assigned to the subject premises in this proceeding.
After careful consideration, the Commissioner is of the
opinion that the petition should be terminated on the grounds that
the matter regarding the mailbox key was resolved in the above
mentioned stipulation.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that this Administrative Review proceeding be, and
the same hereby is, terminated.
ISSUED:
___________________
Joseph A. D'Agosta
Deputy Commissioner
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