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.:DH410222RO
Jema Property c/o RENT ADMINISTRATOR'S
Kolodny and Kolodny, Esqs., DOCKET NO.:CL430013B
213 West 21st Street
New York, NY
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW AND
REVOKING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of an order issued on August 1, 1989 concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by the petition.
It is noted the tenant who commenced this proceeding on December 7,
1988 by filing a complaint asserting that the owner had failed to
maintain inter alia the intercom in the subject building withdrew
the complaint on May 26, 1989, such withdrawal being consented and
agreed to by the tenant's attorney.
It is also noted that in the said stipulation dated May 26, 1989
between the tenant who was represented by her attorney and the owner
with his attorneys, the tenant agreed to vacate the premises on June
30, 1989 and to withdraw with prejudice all her claims against and
released the owner from all claims; and that in fact, said tenant
vacated the premises in June 1989.
It is further noted that in an earlier proceeding commenced by the
tenant, under Docket Number CL410150S, the Administrator issued an
order reducing the rent for the apartment based on, among other
things, a defective intercom.
Based on the foregoing, the Commissioner grants the owner's petition
and revokes the Administrator's order.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, granted, and
that the Administrator's order be, and the same hereby is, revoked.
LULA M. ANDERSON