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.: FJ310428RT
VICTOR H. MATTFELD ADMINISTRATOR'S DOCKET
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 18, 1991 the above named petitioner-tenant timely
refiled a Petition for Administrative Review against an order of
the Rent Administrator issued October 3, 1991. The order concerned
housing accommodations known as Apt. E4 located at 33 Central
Avenue, Staten Island, N.Y. The Administrator denied the tenant's
rent reduction complaint ruling that the evidence indicated that
the tenant had vacated the subject apartment.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on November 23, 1990 by
filing a Statement of Complaint of Decrease in Services wherein he
alleged, in substance, that the owner was failing to maintain
certain required services in the apartment.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on December
25, 1990 and requested an extension of time to file a response. No
further response was ever received.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on March 22, 1991. The
inspector was unable to gain access to the apartment and reported
that the tenant moved out in February, 1991.
The Administrator issued the order here under review on April
23, 1991 and terminated this proceeding based on the report of the
On appeal the tenant states that he is the former tenant and
is entitled to redress. The petition was served on the owner on
December 9, 1991.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner finds that the tenant has failed to state any
basis for overturning the Administrator's order. The Administrator
correctly terminated this proceeding based on the fact that the
tenant vacated the premises and the inspector was unable to gain
access. The order here under review is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA