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.: GD410008RT
RAMONA TOWNSEND, RENT ADMINISTRATOR'S
DOCKET NO.: FK410697S
PETITIONER PREMISES: 76 East 7th. St.
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on March 12, 1992 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 this administrative appeal.
This proceeding was commenced on Novenber 27, 1991 by the tenant
filing a complaint asserting that the owner failed to maintain
various services in the subject apartment.
On December 17, 1991, DHCR mailed a copy of the complaint to the
owner. Though duly notified to do so, the owner failed to answer the
The tenant filed on February 4, 1992 another statement, informing
DHCR that she was vacating the apartment on January 14, 1992.
On February 24, 1992, DHCR inquired from the tenant whether she
permanently moved out from the apartment.
In an answer filed on March 4, 1992, the tenant provided DHCR with
her new permanent address.
By an order dated March 12, 1992, the Administrator terminated the
proceeding, stating that the tenant vacated the apartment and DHCR
was unable to obtain the information necessary to process the case.
In the petition for administrative review, the tenant contends in
substance that she provided DHCR all the necessary information to
process the case.
On April 15, 1992, DHCR mailed a copy of the petition to the owner.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
In this case, it was not an abuse of the Administrator's discretion
to terminate the proceeding when the tenant informed DHCR that she
vacated the subject apartment.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied,
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA