Adm. Review Docket No: BA 410381-RO
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 : SJR NO. 5555
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO.: BA 410381-RO
WAVERLY ASSOCIATES,
DRO DOCKET NO.: L 001319-R
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING PURSUANT TO COURT ORDER
On January 8, 1987, the above-named owner filed a petition for
administrative review of an order issued on December 5, 1986, by the
District Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodation known as apartment
5C at 227 Waverly Place, New York, New York, in which the
Administrator had determined that the owner had overcharged the
tenant. On Decemb r 31, 1990, the Commissioner of the above-
referenced Division denied that petition.
The owner then petitioned the Supreme Court, under Article 78 of the
Civil Practice Law and Rules, to vacate that denial, and on June 31,
1991, the Supreme Court, per Justice Parness, granted the owner's
petition.
The Commissioner had declined to consider certain documentation
pertaining to the costs of 1984 renovations and improvements to the
subject apartment. Justice Parness has ordered the proceeding
"remanded to the Administrator for a determination de novo of the
rent overcharge complaint in which the costs of the claimed
renovations and improvements shall be considered."
THEREFORE, in accordance with that order, it is hereby
ORDERED, that this proceeding be and the same hereby is remanded to
the Rent Administrator for de novo processing of the tenant's
complaint, taking into consideration the aforementioned
documentation of costs. The previously issued stay of so much of
the Rent Administrator's order as directed a refund is hereby
continued until a new order is issued upon remand. The order and
determination of the Rent Administrator remains in full force and
effect in all other respects until a new order is issued on remand.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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