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.: CE410138RT
INOCENCIA BELLO WINNIK RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 23, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued April 18, 1988. The order concerned housing
accommodations known as Apt 1H located at 126 W. 83rd Street, New
York, N.Y. The Administrator established the tenant's rent at
$1.00 effective November 7, 1987, the date the tenant was forced to
vacate the premises due to a fire.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on December 8, 1987 by
filing a Statement of Complaint of Decrease in Services and stated
that the subject apartment was severely damaged by a fire on
November 7, 1987. The owner was served with a copy of the complaint
and afforded an opportunity to respond.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on February 18, 1988 and
confirmed the tenant's allegations. The Administrator issued the
order here under review on March 18, 1988 and established the
tenant's rent at $1.00 effective the date of the fire.
On appeal the tenant states that this case was not properly
closed and that no one has viewed the case. The petition was
served on the owner on August 5, 1988.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner finds that the tenant is not an "aggrieved'
party within the meaning of the Rent Stabilization Code since the
tenant was granted relief in the order here under review. The
petition fails to raise any issue to be resolved by the
Commissioner and is denied.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
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.
JOSEPH A. D'AGOSTA