STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: ED210355RT
DOCKET NO.: DE210417S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
REVOKING RENT ADMINISTRATOR'S ORDER AND TERMINATING PROCEEDINGS
The above-named tenant filed a timely petition for administrative
review of an order issued on April 3, 1990, concerning the housing
accommodations known as 1177 East 98th Street, Apartment 4K,
Brooklyn, New York, wherein the Rent Administrator determined the
tenant's complaint of individual services decreases.
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.
The tenant commenced the proceeding by filing a complaint asserting
that the owner had failed to provide two air conditioner units.
The tenant asserted that he was entitled to the equipment as a
required service pursuant to Section 2520.6(r) of the Rent
Stabilization Code because the owner had provided them to all
tenants on the base date.
The owner answered that "air conditioners were not installed in the
apartment when the tenant took occupancy" in November 1984.
The Rent Administrator denied the tenant's request for relief,
citing the ground set forth in the owner's answer.
In the petition for administrative review, the tenant reiterates
that he was entitled to the two air conditioner units as a required
service pursuant to Section 2520.6(r) of the Code.
DHCR records reveal that the tenant's complaint herein under review
was duplicative of another complaint (BK210065S). While the tenant
was denied relief in those proceedings, also, the Commissioner
granted the tenant's petition for administrative review
(CH210117RT), and reopened and remanded those proceedings to the
Rent Administrator to consider the tenant's complaint that the
owner was not providing two air conditioner units. That proceeding
(HL210012RP) remains open and pending.
The Rent Administrator's order (DE210417S) is revoked. Further
processing in these proceedings is not necessary as the complaint
is duplicative of other proceedings currently pending before the
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, granted,
that the Rent Administrator's order be, and the same hereby is
revoked, and that these proceedings be, and the same hereby are,
terminated as duplicative, in accordance with the above.
JOSEPH A. D'AGOSTA