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.: EK610237RT
CAROL CLEAVER RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 29, 1990 the above named petitioner-tenant filed
a Petition for Administrative Review against an order of the Rent
Administrator issued November 19, 1990. The order concerned various
housing accommodations located at 1705 Purdy Street, Bronx, N.Y.
The Administrator terminated the owner's rent restoration
proceeding because the condition for which the rent was reduced was
deleted in an amended order.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The owner commenced this proceeding on April 27, 1989 by
filing an Application for Rent Restoration wherein it alleged that
it had restored services for which a rent reduction order bearing
Docket No. BH610073B had been issued. The Commissioner notes that
the rent was reduced based on a finding of defective vents. The
Commissioner further notes that this issue has been deleted by the
Administrator in amended rent reduction orders issued May 30, 1990
and June 8, 1990 and is no longer an active issue in this
proceeding. The tenants were served with copies of the application
and afforded an opportunity to respond.
The Administrator issued the order here under review on
November 19, 1990 and terminated this proceeding.
On appeal the tenant states that she never received a copy of
the amended order deleting the vent issue from the rent reduction
order and that the order here under review should be reversed. The
petition was served on the owner on December 17, 1989.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the order here under review did
not grant the owner rent restoration , that the tenant was not
"aggrieved" by the issuance of this order within the meaning of the
Rent Stabilization Code and that, therefore, she lacks standing to
appeal this order. Furthermore, the tenant is raising arguments
relating to the amended rent reduction order and not the order
terminating the rent restoration proceeding. Based on all of the
foregoing, the order here under review is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA