DOCKET NUMBER:ARL 08368-Q
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.:ARL 08368-Q
:
DRO DOCKET NO.: QC 000488-FR
STANLEY HRABIK PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On February 27, 1986 the abovenamed petitioner owner filed a Petition for
Administrative Review against an order issued on February 10, 1986 by the
Rent Administrator concerning the housing accommodations known as 45-43
41st Street, Apartment 1R, Sunnyside, Queens.
The herein appealed order of the Rent Administrator revoked fuel cost
adjustments for the subject rent controlled apartment for 1984 & suspended
them for 1985 based on the failure of the owner to file a report of a fuel
cost price decrease.
In his petition the owner alleges that, in connection with this and other
proceedings, he has respectedly submitted copies of timely reports and has
no copies left.
The Commissioner is of the opinion that the proceeding should be remanded
fore further processing.
The present record is inadequate to form a proper basis for a
determination opf the issue presented which may involve other apartments
or proceedings.
The Commissioner notes that there is also confusion in the record as to
the identity of the apartment and building involved possibly because 2
tenants in the same or adjoining buildings have the same name (Rice).
The Administrator may give consideration as to whether the owner had filed
timely reports as to other apartments for the period involved.
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
DOCKET NUMBER:ARL 08368-Q
extent of remanding this proceeding to the Rent Administrator for further
processing in accord herewith. The order of the Rent Administrator
remains in full force and effect except that the direction to refund
overcharges is stayed, as are any arrears which may result from this
order, until a new order is issued on remand.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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