BF 110210 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 ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BF 110210 RO
THREE TOWERS ASSOCIATES RENT
ADMINISTRATOR'S DOCKET
NO.: 050284
PETITIONER
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ORDER AND OPINION REMANDING PROCEEDING TO RENT ADMINISTRATOR
On June 18, 1987 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued June 1, 1987 concerning the housing
accommodations known as Apt. 5-S located at 269 Grand Central
Parkway, Queens, N.Y. wherein the Administrator determined the
tenants' objections to the owner's rent and services registration
statement.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This appeal presents the issue of whether the Administrator
was correct in finding that the recreational facilities located in
the North Shore Towers complex are a "required or essential
service" which the owner must maintain and register as a building
service. The owner argues that the Administrator was incorrect in
so finding.
After careful consideration of the evidence in the record, the
Commissioner is of the opinion that this proceeding must be
remanded to the Administrator for consolidation with other
currently pending proceedings relating to the same issue.
A search of the Division records reveals the existence of
orders of the Commissioner (see Docket Nos. BD 110434 RT, BC 110212
RT, BD 110083 RO, and BJ 130148 RO ET AL.) concerning several
housing accommodations in the complex. The Commissioner remanded
the issue of the recreational facilities to the Administrator to
render a uniform determination. Accordingly, the Commissioner
deems it appropriate to remand these proceedings for consolidation
therewith.
BF 110210 RO
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
remanded to the Rent Administrator for further processing in
accordance with this order and opinion.
ISSUED:
JOSEPH A . D'AGOSTA
ACTING DEPUTY COMMISSIONER
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