Docket No.: FE 410163-RO
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.: FE 410163-RO
WAYROCK REALTY CORP., DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EJ 410536-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 15, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 23, 1991
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 9 NYCRR 2520.6(r) and 9 NYCRR 2523.4.
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 this proceeding on October 12, 1990 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on November 15, 1990, the owner asserted that
all required repairs had been completed.
Thereafter on January 23, 1991, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
The Administrator directed on April 23, 1991 restoration of these
services and further ordered a reduction of the stabilized rent.
In this petition, the owner contends in substance that the tenant
withdrew its complaint in a stipulation after the inspection and
before the issuance of the Administrator's order.
In reply, the tenant denied that services were restored and
otherwise asserted that the owner failed to abide by the stipulation
because the tenant is still being harassed by owner and defective
conditions continue to exist.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The stipulation alleged by the owner in its petition is neither a
court-ordered stipulation nor was this stipulation served by the
owner on the Administrator, who correctly based its order on the
inspection finding decreased services, warranting rent reduction.
Docket No.: FE 410163-RO
Although said stipulation states that the tenant agrees "to withdraw
with prejudice the complaint filed for a reduction in service under
Docket No. EJ-410536," this agreement is conditioned "upon the
landlord's completion of certain repairs." The tenant's reply to
the owner's petition categorically denies that services were
restored. The tenant submitted a photo of defective conditions.
This Order and Opinion is issued without prejudice to the tenant's
right to file a new complaint alleging harassment with DHCR's
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby