GK410148RO
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.: GK410148RO
SUSAN WEINSTEIN RENT
ADMINISTRATOR'S DOCKET
NO.: FL410234S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On November 27, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued on November 12, 1992. The order concerned the
housing accommodations known as Apt. 4T located at 138 Haven
Avenue, New York, N.Y. The Administrator directed restoration of
services and ordered a rent reduction for failure to maintain
required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on December 10, 1991 by
filing a Statement of Complaint of Decrease in Services and stated,
in sum, that the owner was not maintaining certain required
services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on January
10, 1992 and stated that repairs had been completed. On January
15, 1992 the tenant filed a reply and confirmed that repairs had
been completed and that the complaint should be considered closed.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on August 18, 1992 and
revealed that certain of the conditions listed in the complaint
were still in need of repair.
The Administrator issued the order appealed herein on November
12, 1992 and ordered a rent reduction of an amount equal to the
percentage of the most recent guidelines adjustment for the lease
GK410148RO
commencing prior to February 1, 1992.
On appeal the owner states that the tenant refused the owner's
employees access to the subject apartment to complete the necessary
repairs and that the tenant recently vacated the subject apartment
owing a large sum in rent arrears. The petition was served on the
tenant on December 16, 1992. No response to the petition was
received from the tenant.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the Administrator's order should be revoked.
The Commissioner is of the opinion that the Administrator
should have terminated this proceeding based on the statement filed
by the tenant on January 15, 1992. Once the tenant withdrew her
complaint it was improper to order a physical inspection of the
subject apartment or conduct any further processing of this matter.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it
is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, revoked. Any arrears owed by the tenant as a result of
the Commissioner's determination herein may be paid off in twelve
(12) equal monthly installments or immediately if the tenant
vacates.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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