FA 610228-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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FA 610228-RT
FRANCES BRENNAN,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER ED 610914-S
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ORDER AND OPINION TERMINATING PROCEEDING AS MOOT
On January 16, 1991, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
December 17, 1990. The order concerned housing accommodations,
known as Apartment 6-G located at 500 Kappock Avenue, Bronx,
New York. The Rent Administrator denied petitioner's request for
rent reduction.
The Commissioner has reviewed the reco d and carefully consid-
ered that portion of the record relevant to the issues raised by
this appeal.
The tenant commenced this proceeding on April 18, 1990 by filing
an application for rent reduction y reason of decreased ser-
vices. The complaint was served on the owner, who filed a
response. The Administrator ordered a physical inspection of the
apartment. The inspector attempted to gain access to the apart-
ment on December 3 and 7, 1990. No access was obtained. The
Administrator issued the order here under review on December 17,
1990 and terminated the proceeding, citing the failure to provide
access.
On appeal, the tenant states that she was away during the period
the inspector attempted to gain access and was never aware of the
impending inspection. The owner did not file a response.
After careful consideration of the evidence in the record the
Commissioner is of the opinion that this proceeding should be
terminated as moot.
While this appeal was pending, the Administrator reopened the
proceeding at the tenant's request and ordered another physical
inspection of the subject apartment. On August 14, 1991, the
Administrator issued an order under Docket No. FG 610013-RK
modifying upon reconsideration the order appealed herein, based
on the results of the inspection report. Accordingly, the issue
raised by the tenant in the petition has been rendered moot.
FA 610228-RT
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this proceeding be, and the same hereby i , termi-
nated as moot.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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