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.: CE410061RO
ELSIE COULSON BLOCH RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On May 19, 1988 the above-named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued April 26, 1988. The order concerned housing
accommodations known as Apt. 3A located at 38 E. 75th Street, New
York, N.Y. The Administrator directed restoration of services and
ordered a rent reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on September 8, 1987 by
filing a Statement of Complaint of Decrease in Services wherein
she alleged, in sum, that the owner was not maintaining certain
required apartment services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on November
9, 1987 and stated that the tenant was not paying her rent, that
the Supreme Court was adjudicating questions regarding the
complainant's tenancy, that the DHCR should defer to the court and
that, therefore, the complaint should be dismissed.
The tenant filed a reply on February 22, 1988 and stated that
the owner's response was without merit and that the complaint
should be processed.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on March 15, 1988 and
revealed the following:
1. Walls and ceilings throughout the apartment are
peeling paint and plaster,
2. Carpet in living room is torn and worn,
3. Defective living room venetian blinds,
4. Kitchen linoleum is broken and cracked.
The Administrator issued the order here under review on April
26, 1988 and ordered a rent reduction based on the report of the
On appeal the owner supplied the Commissioner with a copy of
a Stipulation of Settlement between it and the complaining tenant
in Supreme Court. The tenant agreed, among other things, to
withdraw all proceedings before this agency. The Division's
records reveal that the tenant has vacated the subject apartment,
apparently pursuant to this settlement.
After careful review of the evidence in the record and the
above mentioned Stipulation of Settlement, the Commissioner is of
the opinion that the petition should be granted and the order here
under review should be revoked.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
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.
JOSEPH A. D'AGOSTA