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.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 19, 1993, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
January 12, 1993, by the Rent Administrator, concerning the housing
accommodation known as 1069 First Avenue, New York, New York,
apartment 4-C, wherein the Administrator determined that the
tenant's application for a rent reduction based upon a decrease in
services should be denied and the proceeding terminated because the
tenant subsequently acknowledged that the conditions in the
complaint have been corrected.
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 appeal.
The issue herein is whether the Rent Administrator properly termi-
nated the proceeding below.
On appeal, the petitioner-tenant denies that he unequivocally
stated that the owner corrected the service deficiencies noted in
The petition was served on the owner on February 4, 1993, but the
owner did not file an answer to the petition.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
The tenant filed a decrease in services complaint on September 22,
1992 and the owner answered the complaint advising in substance
that all repairs were corrected.
The Rent Administrator requested an inspection of the subject
apartment and the inspection report, dated November 18, 1992, noted
that the tenant cancelled and withdrew the complaint (hot-water).
The record indicates that on November 18, 1992, the tenant informed
the Division of Housing and Community Renewal (DHCR) inspector by
telephone that the matter has been resolved and further submitted
a written statement, dated December 18, 1992, to the same effect.
If, as the tenant alleges on appeal, his statement of withdrawal
was conditional in any way, the tenant has a right to file a new
decrease in services complaint, if the facts so warrant.
Accordingly, upon the facts found herein, the Commissioner finds
that the Rent Administrator properly terminated the proceeding
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied, and
the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA