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.:IC610019RK
(On Reconsideration of
FI610062RO)
Herman Steinberg, RENT ADMINISTRATOR'S
DOCKET NO.:EA610464S
SUBJECT PREMISES:
846 East 175 Street
Apt. 3C
Bronx, NY
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW AND
REVOKING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review (PAR) against an Administrator's order issued on August 27,
1991 concerning the housing accomodations relating to the above-
described docket.
The PAR was denied in a Commissioner's Order and Opinion under
Docket FI610062RO issued on March 20, 1992.
Subsequent thereto, the owner by letter dated January 26, 1994
requested reconsideration thereof. This request was granted on March
15, 1994 to be consistent with the determination of PARS issued on
February 22, 1993, i.e. FJ610060RO, FJ610073RO, FJ610082RO and
GC610251RO. The central holding of these PARS is as follows:
On September 5, 1990, a letter was sent to DHCR by the owner's
attorney detailing a stipulation agreement between the owner
and the Tenants' Association. Said stipulation, with all
parties represented by counsel, calls for the withdrawal,
without prejudice, of all applications and/or complaints filed
by the tenants with DHCR, including the proceedings appealed
herein.
Based on the terms of the stipulation, the Commissioner finds
that the complaints were withdrawn by the tenants prior to the
issuance of the subject rent reduction orders, that DHCR was
notifed in a timely manner of these withdrawals, and that the
rent reduction orders should not have been issued and must be
revoked. The tenants may file new complaints if the owner has
not made the necessary repairs agreed to in the stipulation or
if new conditions exist that remain uncorrected despite
notice to the owner.
IC610019RK
That holding also applies to this PAR IC610019RK (On Reconsideration
of FI610062RO). Accordingly, the rent reduction order in EA610464S
concerning this proceeding is revoked.
Rent arrears may be due the owner from the tenant as a result of
this Order and Opinion. Any arrears shall be paid in monthly
installments which shall not exceed the amount of the monthly rent
reductions revoked herein.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED that the previous order and opinion issued in this
proceeding on March 20, 1992 is in all respects revoked, and it is
FURTHER ORDERED, that this petition be, and the same hereby is,
granted and that the Administrator's order be, and the same hereby
is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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