FI 110074 RO
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.: FI 110074 RO
DISTRICT RENT ADMINISTRATOR'S
VAN KLEECK ASSOCIATES, DOCKET NO.: FC 110408-S
SUBJECT PREMISES:
51-25 Van Kleeck St., Apt. No. 6E
PETITIONER Elmhurst, NY 11373
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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 6, 1991, 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.
The tenant commenced this proceeding on March 19, 1991 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on June 7, 1991, the owner denied the
allegations set forth in the tenant's complaint and otherwise
asserted that all required services are being provided and that
the tenant only has to contact the owner if repairs have to be
done.
The tenant filed a letter on July 24, 1991, withdrawing her
complaint because services had been restored.
However, the subject apartment was inspected on July 25, 1991 by
DHCR which confirmed the existence of roach infestation.
Based on said inspection, the Administrator directed on August 6,
1991 restoration of services and reduction of the stabilized rent.
In this petition, the owner contends in substance that it was not
informed of the defective conditions by the tenant; that these
conditions "were immediately attended to" when DHCR informed the
owner; that the tenant withdrew the complaint before the
FI 110074 RO
inspection and the order's issuance; and that the conditions are
minor, not warranting a rent reduction.
In reply, the tenant reiterated its withdrawal because
"(e)verything is O.K."
After careful consideration, the Commissioner is of the opinion
that this petition should be granted.
The record establishes that the owner was put on notice of the
tenant's complaint; that the owner performed repairs in the
subject apartment; that the tenant withdrew the complaint
thereafter; and that although inspection confirmed the existence
of roach infestation, the tenant's reply to the petition
reiterates the withdrawal of the complaint based on the
restoration of services. Accordingly, there is no dispute that
services were restored.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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