DOCKET NUMBER: AK 410220-RT
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.:AK 410220-RT
:
DRO DOCKET NO.: AD 420324-R
BLOSSOM ESAINKO, PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
The above-named petitioner-tenant filed a Petition for
Administrative Review against an order issued on October 23, 1986
by the Rent Administrator concerning housing accommodations known
as 322 Spring Street, Apartment 2, New York, New York.
The petition had previously been dismissed as untimely but
subsequently found timely and the proceeding reopened.
The herein appealed order of the Rent Administrator dismissed the
tenant's complaint of overcharge and found the apartment not
subject to regulation because the building contained less than 6
apartments and this apartment had been decontrolled by a prior
order issued on December 22, 1961 (R40110).
The Commissioner notes that the Rent Administrator has
subsequently reopened the proceeding based on allegations and
submissions by the tenant contesting the applicability of
abovenoted 1961 order to the subject apartment and that the
proceeding is currently still pending at the District Rent Office
level.
This proceeding is, therefore, being remanded for consolidation
therewith.
THEREFORE, pursuant to the Rent and Eviction Regulations for New
York City, it is
ORDERED, that this petition be, and the same hereby is, granted to
the extent of remanding this proceeding to the Rent Administrator
for further processing in accord herewith. The order of the
Administrator is stayed and the apartment deemed subject to
control until a new order is issued on remand., The Administrator
may also issue any interim orders necessary to preserve the rights
of the parties.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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