CF 230116 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
CF 230116-RO
RENT ADMINISTRATOR'S
KENNETH FISHEL d/b/a DOCKET NO.:
KENNETH LAWRENCE CO. BI 210066-B
PREMISES:
415 Washington Ave.
PETITIONER Brooklyn, NY
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the building relating to the
above described docket number.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the petition.
The stabilized tenant of Apartment 61 commenced this proceeding
by filing a complaint asserting that the owner had failed to
maintain certain services in the subject building.
In its answer, the owner stated inter alia that the complainant
was no longer a tenant, had settled all claims by court ordered
stipulation (attached to the answer) and vacated the premises.
The owner further denied any decrease in services.
Thereafter an inspection of the subject apartment was conducted
by a DHCR inspector on February 5, 1988, who noted a defective
front entrance door lock.
The Rent Administrator directed restoration of this service and
further ordered, a five dollar reduction of the monthly rentals
of the rent-controlled tenants.
In its petition for administrative review, the owner requests
reversal of the Rent Administrator's order alleging a violation
of due process in that none of the tenants for whom rent was
reduced had been signatories of the complaint.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted.
CF 230116 RO
The Commissioner notes that apart from the former tenant of
Apartment 61 no other signatures were on the original complaint.
After this tenant vacated the premises on October 15, 1987
(before the inspection and seven months prior to the issuance of
the order under review) there was no longer any complaining
tenant party to the complaint. Accordingly, the Commissioner
finds that the proceeding should have been terminated and that
the Rent Administrator's order should be revoked in toto nunc pro
tunc.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, and the Rent and Eviction Regulations for
New York City, it is,
ORDERED, that this petition be, and the same hereby is, granted,
and that the Rent Administrator's order be, and the same hereby
is, revoked in toto nunc pro tunc.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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