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.: BB 410573-RT
:
STEPHEN G. CRANE, DRO DOCKET NO.: 7MI 05332-M
:
Premises: 35 EAST 84TH STREET, #4D
PETITIONER : NEW YORK, NY
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ORDER AND OPINION REVOKING ORDER DISMISSING PETITION
FOR ADMINISTRATIVE REVIEW, AND TERMINATING PROCEEDING
On July 3, 1991, the Commissioner issued an order dismissing as
untimely the above-referenced Petition for Administrative Review.
By a letter dated July 15, 1991, the petitioner requested
reconsideration of the above referenced dismissal order. The
petitioner pointed out that administrative appeals under PAR Docket
No. BB-410791-RT and BC-420105-RT, similarly dismissed, were
reopened, based on irregularity in a vital matter in that the thirty
five (35) day period for filing a petition should have been treated
as running from the date when actual notice of the Interim Order was
given to the tenants by the owner. The proceedings were remanded to
the Administrator for processing as a challenge to the Maximum Base
Rent order. The petitioner retained the right to petition for
administrative review an adverse challenge determination.
As the petitioner has also recognized, the Administrator's
subsequent MBR order of October 9, 1987, denying the increase or
establishment of Maximum Base Rents for 1986-87, afforded the
tenants complete relief, and rendered moot the tenant's request for
further relief set forth in the petition.
THEREFORE, in accordance with the provisions of Chapter 403, Laws of
1983, as amended by Chapter 102, Laws of 1984, as implemented by
Operational Bulletin 84-1, it is
ORDERED, that the Commissioner's July 3, 1991 order, dismissing the
petitioner's administrative appeal for untimeliness, be revoked, and
the instant proceedings be terminated as duplicative and moot, by
reason of the above.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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