DHCR Decisions
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.: BA 420122-RO
:
JOHN USDAN, ADAM USDAN, DRO DOCKET NO.: ZLC 004211-S
& LEONARD TRANZBLOW
OWNER PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On January 7, 1987 the above-named petitioner filed an appeal against an
order issued on December 9, 1986 by the Rent Administrator of the Rent
Office located at 92-31 Union Hall Street, Jamaica, New York concerning
the housing accommodations known as 438 West 47th Street, Apartment 2B,
New York, New York.
This appeal has been considered in conformity with the applicable
provisions of Chapter 403 of the Law of 1983 (Omnibus Housing Act of
1983), as amended, and the applicable rent law and regulations, but, in
the opinion of the Commissioner, the record is not adequate to form the
basis for a proper determination of the issues in this proceeding. The
proceeding must therefore be remanded to the Rent Administrator for
further consideration.
THEREFORE, in accordance with the provisions of Chapter 403, Laws of 1983
as amended by Chapter 102, Laws of 1984 and Operational Bulletin 84-1, it
is
ORDERED, that this appeal be and the same hereby is granted to the extent
of remanding this proceeding to the Rent Administrator for further
processing in accordance with this Order and Opinion. The order and
determination of the Rent Administrator remains in full force and effect
until a new order is issued upon remand. However, if the Rent
Administrator's order retroactively adjusted the rent and directed a
refund of monies between the parties, so much of the Rent Administrator's
order as directed such refund is hereby stayed until a new order is issued
upon remand.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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