DL 220240 RT
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
-----------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DL 220240 RT
DRO DOCKET NO.: CL 220242-S
ADRIANNE WANDER,
Premises:
2912 Brighton 12 St., Apt. 6A
Brooklyn, New York
PETITIONER
-----------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant timely filed a petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the petition.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
Subsequently, the tenant, by letter dated January 22, 1989,
withdrew her complaint and requested that the proceeding be
terminated.
Thereafter, the Rent Administrator issued an order based on the
tenant's letter of withdrawal, denying the tenant's application
and terminating the proceeding.
In her petition for administrative review, the tenant requests
reversal of the Administrator's order asserting that the owner
failed to rectify conditions for which the complaint was based
upon.
The owner interposed an answer to the tenant's petition contend
ing, that the tenant withdrew her complaint, and the owner has
completed all required repairs.
The Commissioner is of the opinion that the petition should be
denied.
The Rent Administrator correctly terminated the proceeding based
on the tenant's letter of withdrawal. The petitioner has failed
to point to any error in fact or law in the Administrator's order.
Accordingly, this petition must be denied.
This order is issued without prejudice to the tenant's right to
file a new complaint, if the facts so warrant.
DL 220240 RT
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied and
that the District Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|