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.:
89-21 153RD OWNERS CORP., DOCKET NO.:
89-21 153rd Street
PETITIONER Jamaica, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued 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 by fili g a complaint as-
serting that the owner had failed to maintain certain services in
the subject apartment.
The owner did not interpose an answer to the tenant's complaint
although it was afforded the opportunity to do so.
Thereafter an inspection of the subject premises was conducted by
a DHCR inspector who confirmed the existence of defective condi-
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
In its petition for administrative review, the owner alleges that
the tenant requested that the complaint be withdrawn. Attached
to the petition is a photocopied statement and signatur , osten-
sibly the tenant's, which reads, " I withdraw my complaint." The
statement is dated August 1, 1991.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that the complaining tenant at no time
informed this Division of a desire to withdraw this complaint.
It is further noted that the attachment to the owner's petition
was not submitted to the Rent Administrator during the pendency
of this proceeding, even though it was in the owner's possession
at the time. The owner has failed to offer any explanation for
its failure to do so. Accordingly, pursuant to Section 2529.6 of
the Rent Stabilization Code the Commissioner finds that this
document may not be considered now when offered for the first
time on administrative appeal.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner