ADM. REVIEW DOCKET NO.: CC 420076 RO
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.:
CC 420076 RO
:
DRO DOCKET NO.:
BG 420047 S
45 TERRACE REALTY ASSOCIATES
BY ARTHUR COURT REALTY MGMT CORP
Tenant: Ana Ceballos
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-owner timely refiled a Petition
for Administrative Review against an order issued on December 16,
1987 by the Rent Administrator at Gertz Plaza, Jamaica, New York,
concerning housing accommodations known as apartment number 1D at
45 Wadsworth Terrace, New York, New York, wherein the
Administrator directed the owner to restore the tenant to
occupancy with no rent increase.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the evidence
relevant to the issues raised in the administrative appeal.
This proceeding was originally commenced on July 22, 1987,
by the filing of a complaint wherein the tenant alleged that
after a fire had damaged her apartment and the owner had paid her
to reside elsewhere while repairs were being done, the owner
refused to permit her to re-occupy the apartment until she signed
a new lease giving the owner a rent increase, even though her
current lease had not expired.
The owner did not submit an answer to the complaint.
In the appealed order, the Administrator noted the owner's
failure to answer the complaint; deemed the factual allegations
therein admitted; and directed the owner to grant the tena t re-
occupancy of the subject apartment with no increase in rent.
With its Petition, the owner submits a stipulation which it
claims was entered into in the Court proceeding encaptioned
Ceballos v 45 Terrace Realty Associates (Civil Court of the City
of New York, County of New York, Housing Court Part 18, Index #
23917/87). The owner claims that in that November 12, 1987
stipulation (the Stipulation) the tenant withdrew the complaint
in the proceeding below. The owner further claims that based on
said withdrawal, the Administrator's order should be revoked.
ADM. REVIEW DOCKET NO.: CC 420076 RO
Although afforded the opportunity, the tenant has not
interposed an answer to the owner's Petition.
The Commissioner is of the opinion that the Petition should
be granted.
The Commissioner notes that the tenant commenced the Civil
Court proceeding in question; that the tenant was represented by
counsel therein; that the Stipulation was "So Ordered" by Housing
Court Judge Peter Tom; and that the Stipulation, which reads in
pertinent part as follows: "V. Petitioner [the tenant] agrees to
discontinue all other proceedings instituted against Respondent
[the owner] (including DHCR proceedings)", was entered into
before the order below was issued. The Commissioner also notes
that the Stipulation addressed the substance of the tenant's
complaint herein. That is, pursuant to the Stipulation, the
owner agreed to relocate the tenant in an apartment comparable to
the subject apartment.
Based on all of the facts herein, the Commissioner finds
that the tenant withdrew the complaint hereinbelow prior to the
issuance of the appealed order and, therefore, said order should
be revoked.
THEREFORE, pursuant to the Rent Stabilization Law and Code,
it is
ORDERED, that this Petition be, and the same hereby is
granted; and that the Administrator's order be, and the same
hereby is revoked in accordance with this order and opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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