HK210051RO
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.: HK210051RO
MICHELLE CORSO RENT
O & E REALTY CO. ADMINISTRATOR'S DOCKET
NO.: FH210182S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On November 17, 1993 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued November 1, 1993. The order concerned housing
accommodations known as Apt. 8A located at 1366 East Third Street,
Brooklyn, 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 August 7, 1991 by
filing a Statement of Complaint of Decrease in Services wherein
she alleged that the refrigerator is defective, the bathroom floor
is broken and that the apartment is infested with mice, water bugs
and roaches. The owner was served with a copy of the complaint and
afforded an opportunity to respond.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on October 20, 1993 and
revealed evidence of roach and mice droppings as well as the fact
that the temperature in the fresh food compartment of the
refrigerator was 30 degrees.
On November 15, 1991 the tenant notified the Administrator
that she wished to withdraw her complaint because all matters had
been resolved in a satisfactory manner. On November 1, 1993 the
Administrator nontheless issued the order here under review and
ordered a rent reduction.
On appeal the owner states that the order here under review
HK210051RO
should not have been issued based on the tenant's letter
withdrawing the complaint. The petition was served on the tenant
on November 30, 1993.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the order here under review should be revoked.
The owner is correct in that the tenant's November 1, 1991
communication to the Administrator should have resulted in this
proceeding being terminated. The tenant was clear in stating that
the conditions which gave rise to the complaint had been resolved
to her satisfaction. Therefore, the Commissioner grants the
owner's petition and revokes the order here under review.
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 by reason of the
Commissioner's determination herein may be paid off in twelve (12)
equal monthly installments or immediately if the tenant vacates the
apartment.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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