BH630115RO
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
SJR 5775 COURT REMIT
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BH630115RO
AKAM ASSOCIATES RENT
ADMINISTRATOR'S DOCKET
NO.: AH630043B
PETITIONER
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ORDER AND OPINION REMANDING PROCEEDING TO RENT ADMINISTRATOR
AFTER COURT REMIT
On August 5, 1987 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued July 1, 1987. The order concerned various
housing accommodations located at 5445 Netherlands Avenue, Bronx,
N.Y. The Administrator directed restoration of services and
ordered a rent reduction for failure to maintain required services.
On April 4, 1991 the Commissioner issued an Order and Opinion
denying the owner's petition and modifying the Administrator's
order to reflect the owner's removal of individual roof antennas as
the decreased service warranting a rent reduction. The owner's
request for reconsideration of that order was denied. The owner
then instituted a proceeding in Supreme Court pursuant to Article
78 of the Civil Practice Law and Rules wherein it asked the court
to annul the Commissioner's determination. On May 20, 1992 the
court denied the owner's petition. The owner appealed the court's
decision to the Appellate Division, First Department. On July 8,
1993 the Appellate Division issued a decision wherein the May 20,
1992 order of the Supreme Court was reversed. The owner's petition
was granted, the Commissioner's April 4, 1991 order was annulled
and the matter was remanded to the agency for further evidentiary
hearings.
The Appellate Division ruled that, since the Commissioner
addressed the question of whether a number of tenants had been
denied their rights to individual antennas on the roof, it was
error for the agency to have considered evidence regarding the
individual antenna of only one tenant. The proceeding was remanded
for the agency to consider evidence regarding other building
tenants.
BH630115RO
Pursuant to the order of the Appellate Division, this
proceeding is remanded to the Administrator for further processing.
The Administrator must determine for each rent stabilized tenant
who signed the complaint and each rent controlled tenant affected
by the order if the right to maintain a television antenna on the
roof is a base date service and, if so, if that right has been
taken away by the owner.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations it is
ORDERED, that this proceeding be, and the same hereby is,
remanded to the Rent Administrator's for further processing
consistent with this order and opinion. The Administrator's order
remains in full force and effect until a new order is issued on
remand.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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