CL210223RO
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.: CL210223RO
JED MANAGEMENT CORP. RENT
ADMINISTRATOR'S DOCKET
NO.: CI210068S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On December 19, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued November 23, 1988. The order concerned housing
accommodations known as Apt. 1D located at 141 E. 19th Street,
Brooklyn, 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
appeal.
The tenant commenced this proceeding on September 9, 1988 by
filing a Statement of Complaint of Decrease in Services wherein she
alleged, in substance, 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 September
26, 1988 and stated, in sum, that it made repairs to the apartment
after it received notice of the above described complaint and that
the tenant executed sign-offs acknowledging these repairs.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on October 4, 1988 and
revealed the following:
1. Water damaged and blistered bathroom ceiling
peeling paint and plaster,
2. Living room ceiling peeling paint,
CL210223RO
3. Water damaged kitchen wall cabinet,
4. Broken medicine cabinet mirror,
5. Defective apartment front door lock.
On November 16, 1988 the owner provided the Administrator with
a copy of the tenant's withdrawal of this proceeding. The tenant
stated that all repairs had been completed to her satisfaction.
The Administrator issued the order here under review on
November 23, 1988 and ordered a rent reduction based on the
inspector's report.
On appeal the owner, as represented by counsel, states in
relevant part that the tenant withdrew her complaint before the
issuance of the Administrator's order and that, therefore, this
order should be revoked. The petition was served on the tenant on
January 25, 1989.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and that the order here under review should be revoked.
It is apparent from the record that the owner is correct in
stating that the tenant withdrew her complaint prior to the
issuance of the order here under review. The tenant specifically
stated that repairs had been done to her satisfaction. Therefore,
the order here under review 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 Rent Administrator's order be, and the same
hereby is, revoked. Any arrears due the owner by reason of the
Commissioner's decision herein may be paid off in twenty four (24)
equal monthly installments or immediately if the tenant vacates the
apartment.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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