ADM. REVIEW DOCKET NOS.: GG410005RO & GG 420006RO
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
APPEALS OF DOCKET NOS.:
GG410005RO,
GG420006RO
:
RENT ADMINISTRATOR'S
DOCKET NOS.:
FI-420724S,
FJ-410690S
JOSEPH KIZNER
PETITIONER :
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ORDER AND OPINION TERMINATING PETITIONS FOR ADMINISTRATIVE REVIEW
On July 1, 1992, the above-named petitioner-owner filed
petitions for administrative review of orders issued on May 29,
1992 and June 10, 1992, by the Rent Administrator, concerning the
housing accommodation known as 508 West 29th Street, New York,
N.Y.; various apartments, wherein the Administrator determined that
based upon inspections held on March 9, 1992 and May 11, 1992 the
tenants' applications for rent reductions are denied and the
proceedings terminated because all services were being maintained
at the time of the inspections.
The Commissioner has consolidated these two petitions as they
involve common questions of law and fact.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeals.
ADM. REVIEW DOCKET NOS.: GG410005RO, GG420006RO
The issue herein is whether the Rent Administrator properly
denied the tenants' applications for rent reductions.
On appeal, the petitioner-owner asserted that the subject
apartments are and were well-maintained and that he should be
compensated by the DHCR for all legal expenses incurred in the
defense of the tenants' claims.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeals
should be terminated.
The record shows that there was a fire in the subject building
and that the tenants brought an action against the owner in Civil
Court, New York County, Housing part, before Hon. J. R. Klein,
which resulted in a "so ordered" stipulation of settlement between
the parties on January 30, 1992.
Moreover, the DHCR inspections held on March 9, 1992 and May
11, 1992 demonstrated that the tenants are in occupancy and that
the owner had restored all services.
Consequently, the Rent Administrator issued the appealed
orders which terminated the proceedings.
The Commissioner notes that the petitions on appeal have not
put a specific justiciable issue before the Commissioner; nor do
they set forth any reasons to challenge the Rent Administrator's
determinations.
The Commissioner has considered and rejects the owner's claims
for monetary compensation. The Division lacks jurisdiction to
entertain these claims and the stipulation of January 30, 1992
specifically noted that the Civil Court retains continuing
jurisdiction in the action over all matters.
Accordingly, there are no issues to be determined herein.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, the Rent Stabilization Law
and Code, it is
ORDERED, that these proceedings be, and the same hereby are,
terminated.
ADM. REVIEW DOCKET NOS.: GG410005RO, GG420006RO
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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