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.:
c/o ZENITH ASSOCIATES, RENT ADMINISTRATOR'S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING ADMINISTRATOR'S ORDER
On April 20, 1993, the above-named petitioner-owner timely re-filed
a Petition for Administrative Review (PAR) of an order issued on
February 18, 1993, by the Rent Administrator, concerning the
housing accommodation known as 124 East 176th Street, Apartment
4-A, Bronx, New York, wherein the Administrator determined that the
owner had failed to maintain certain services, reduced the rent,
and directed a restoration of services.
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 the administrative appeal.
This proceeding was commenced by the filing by the tenant of a
complaint of a decrease in services dated March 29, 1992. A copy
of the tenant's complaint was served on the owner who responded
stating that a settlement had been reached and the tenant was
withdrawing her complaint. An original statement signed by the
tenant was enclosed with the owner's response.
An inspection conducted by a Division of Housing and Community
Renewal (DHCR) staff inspector on January 29, 1993, confirmed some
of the complained of conditions resulting in the issuance of the
order herein appealed.
In the PAR, the owner states that the tenant withdrew her complaint
on June 22, 1992, and that it was error for the Administrator to
have conducted an inspection and to have issued an order.
After careful consideration the Commissioner is of the opinion that
the petition should be granted.
On June 22, 1992, the tenant sent a request to terminate her com-
plaint filed on March 28, 1992. On July 16, 1992 this Agency sent
a follow-up asking the tenant to confirm her withdrawal. The notice
was not answered by the tenant. Two further Agency notices dated
December 21, 1992 and January 13, 1992 were also not responded to.
The Commissioner, therefore, finds that the proceeding below should
have been terminated before the order was issued and consequently
that the order reducing the rent should be revoked.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Emergency tenant Protection Act of 1974, 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,
LULA M. ANDERSON