Docket Number: FH 210032-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.: FH 210032-RO
DISTRICT RENT ADMINISTRATOR'S
1530 REALTY CO/M. LIEBERMAN, DOCKET NO.: DJ 210552-S
1530 East 19th St., Apt. 3D
PETITIONER Brooklyn, NY 11230
ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On August 5, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on July 1, 1991,
concerning t e 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 administrative appeal.
This proceeding was commenced on October 10, 1989 when the tenant
filed a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In its answer filed on November 16, 1989, the owner submitted a
letter allegedly signed by the tenant, stating that this case "has
been settled" on November 13, 1989 and requesting the Administrator
to "please confirm the closing of the above matters" due to the
tenant's withdrawal of the complaint.
After more than a year and a half, on June 10, 1991, the subject
apartment was inspected by D.H.C.R. which confirmed the existence
of defective conditions.
Based on said inspection, the Administrator directed on July 1,
1991 restoration of these services and further ordered a reduction
of the stabilized rent.
In this petition, the owner reiterated its answer below with a
tenant-signed letter stating "the closing of the above matter."
In reply, the tenant stated that the "(l)andlord has not corrected
any of the items in the rent reduction"; that "(t)he documents he
has submitted with our signatures are not the documents we signed";
and that "(o)ur signatures were taken from another form we signed
that was on yellow paper and we did not settle anything with this
After careful consideration, the Commissioner is of the opinion
Docket Number: FH 210032-RO
that the petition should be remanded to the Administrator for
It is noted that in the proceeding below, the Administrator failed
for more than a year and a half to notify the tenant of the owner's
answer and to allow the tenant to respond to the owner's claim of
tenant withdrawing the complaint; and that the inspection may not
have been conducted in a timely manner.
It is also noted that the tenant disputed signing said settlement
Accordingly, this petition is remanded to the Administrator to
determine, with due process to both tenant and owner, whether this
case has been settled and the tenant properly withdrew its
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, remanded to
the Administrator for further processing in accordance with this
Order and Opinion, and that the District Rent Administrator's order
be, and the same hereby is, revoked.