DOCKET NO.: BG-610117-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.: BG 610017-RO
:
JOHN DALE, : DISTRICT RENT OFFICE
: DOCKET NOS.: TC-069999-G
: CDR 30695
PETITIONER : TENANTS: ARTURO and ANNA RIVERA
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On July 3, 1987 the above-named petitioner-owner filed a Petition
for Administrative Review against an order issued on June 23, 1987
by the District Rent Administrator, 10 Columbus Circle, New York,
New York concerning housing accommodations known as Apartment 3-C
at 1150 Grand Concourse, Bronx, New York wherein the District Rent
Administrator established a default rent and found an overcharge
of $5,966.32 as of May 29, 1987.
In this petition, the owner claims that the subject premises was
bought on February 18, 1986 by Five Boys Corporation, with Ralph
Langsam Associates, Inc. hired as managing agent; that these have
never been served and are not even named on the order; and that an
opportunity to respond to the complaint should be given.
The Commissioner is of the opinion that the proceeding should be
remanded to the Rent Administrator.
Although Ralph Langsam Associates, Inc. was listed as the owner
and/or manager on both the 1986 and 1987 registrations, it was
never served in the proceeding before the Administrator nor even
named in the June 23, 1987 order. This proceeding is being
remanded to give the current owner an opportunity to prove the
lawfulness of the rents charged. Pursuant to the case of Lavanant
v. DHCR, 148 A.D.2d 185, 544 N.Y.S.2d 331 (App. Div. 1st Dept.
1989), this proceeding should continue to be processed as one
initiated before April 1, 1984.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted to
the extent of remanding this proceeding to the District Rent
Administrator for further processing in accordance with this order
and opinion. The automatic stay of so much of the District Rent
Administrator's Order as directed a refund is hereby continued
DOCKET NO.: BG-610117-RO
until a new order is issued upon remand. However, the
Administrator's determination as to the rent is not stayed and
shall remain in effect, except for any adjustments pursuant to
lease renewals, until the Administrator issues a new Order upon
remand.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BG 610117-RO
DRO Docket No/Order No.: TC-069999-G; CDR 30695
Tenant(s): ARTURO and ANNA RIVERA
Owner: JOHN DALE (Five Boys Corp., c/o Ralph Langsam Assoc., Inc.)
Code Section:
Premises: 1150 GRAND CONCOURSE, APARTMENT 3-C, THE BRONX
ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
The new owner registered in 1986 and 1987, but was not served
until the order was issued in June 23, 1987. The new owner was
not even named in the order. The new owner should be given a
chance to submit a rental history.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Counsel:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty.
Owner's Atty.
Date: : by
signature
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