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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.:
CC220233RT
IRVING SAND,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER CB220013HW
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 25, 1988, the above-named petitioner-tenant filed a peti-
tion for administrative review (PAR) of an order issued on March 9,
1988, by the Rent Administrator, concerning the housing accommoda-
tion known as 1000 Ocean Parkway, Apartment 6-D, Brooklyn,
New York, wherein the Administrator terminated the tenant's
complaint.
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 administrative appeal.
The proceeding was commenced on February 5, 1988, by the filing of
a complaint of decrease in services, specifically failure to
provide heat and hot water. On February 16, 1988, the tenant
confirmed that the owner had restored heat/hot water services
resulting in the Administrator's order of March 9, 1988 which
terminated the proceeding on the basis that the tenant had acknow-
ledged that the condition in the complaint had been corrected.
In the PAR, the tenant asks that the order be voided and claims
that he never acknowledged that the conditions were corrected.
The Commissioner is of the opinion that the petition should be
denied.
CC220233RT
The record in this case contains the post card which was sent to
the tenant to confirm that the owner has either continued to fail
to maintain heat/hot water services, or has restored such services.
The card which bears the tenant's printed name was returned to this
agency on February 23, 1988 and indicates that services were
restored.
Accordingly the Administrator's order was correct when issued.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby, is
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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