BF 610368 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
----------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BF 610368 RO
G.L.M.L. REALTY CORPORATION,
DRO DOCKET NO.: B 3100953 R
PETITIONER
----------------------------------X
ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
On June 12, 1987 the above-named petitioner filed a Petition for
Administrative Review against an order issued on May 13, 1987 by a
Rent Administrator, concerning housing accommodations known as
Apartment 4E, 751 Gerard Avenue, Bronx, New York.
This proceeding was originally commenced by the filing of a rent
overcharge complaint by the tenant on December 13, 1983.
In Order No. CDR 10,360, issued on May 13, 1987, affirming an order
that was issued on October 31, 1985, the Administrator found that
overcharges had occurred, and established the lawful rent from
November 1, 1983 through October 31, 1985. Total overcharges were
determined in the amount of $2,868.81 and a lawful rent of $181.08
was determined as of October 31, 1985. The owner was directed to
roll back the rent to the lawful stabilized amount and to make a
full refund to the tenant for all overcharges.
It its petition, the owner raises various objections to the
Administrator's rent calculations, and contends there was no actual
overcharge.
Subsequently, on December 7, 1987, the Administrator issued Order
No. CDR 10,360 as amended, wherein a recalculation of the lease
history resulted in a reduction of overcharges to $1,017.87, from
$2,868.81, and an increase of the lawful rent to $256.50 through
February 28, 1986.
A check of DHCR records reveals that no appeal has been filed
against the amended order, and that the owner has adjusted the rent
BF 610368 RO
in accordance with its findings.
Insofar as the issues raised in the owner's petition were raised by
the owner in its request for reopening, and such reopening resulted
in the issuance of a new order by the Administrator, which had not
been appealed within the period prescribed under the Rent
Stabilization Code, the instant PAR under Docket No. BF 610368 RO
is hereby terminated as moot.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, terminated
as moot in accordance with the above.
ISSUED:
------------------------
JOSEPH A. D'AGOSTA
Deputy Commissioner
|