Adm. Review Docket Number: BC 420145-RT
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. BC 420145-RT
:
NANCY FEINBERG, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. LC 000363-AD
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING TO RENT ADMINISTRATOR
On March 18, 1987, the above-named tenant filed a petition for
administrative review of an order issued on February 20, 1987
concerning the housing accommodations known as Apartment F, 163 West
85th Street, New York, N.Y.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition for review.
The tenant commenced this proceeding on September 16, 1985 by
requesting a determination as to the rent regulation status of the
subject building and a determination of her lawful stabilization
rent, if applicable.
In the order here under review, the Administrator determined that
the subject building was subject to the Rent Stabilization Code, and
that the lawful rent for the subject apartment was $409.00. The
owner was ordered to register this apartment, and to offer the
tenant a lease.
In her petition for administrative review, the tenant states, among
other things, that the lawful rent set by the Administrator was too
high. Further, she requests a specific accounting of the rent
overcharges.
The owner interposed no answer to the petition.
After careful consideration, the Commissioner is of the opinion that
this proceeding should be remanded to the Rent Administrator for
further processing.
The Commissioner notes that in Docket No. AD 410311-R (issued
February 17, 1988), involving the same parties as the instant case,
the tenant requested the same relief that she is requesting in this
petition. In that case a Rent Administrator determined that the
Rent Stabilization Law is not applicable to the subject building.
The tenant failed to file a petition for administrative review of
Docket No. AD 410311 R. The Commissioner notes that when Docket No.
AD 410311 R was issued, the tenant had already filed the instant
petition for review of Docket No. LC 000363-AD, which found, among
other things, that the subject building was subject to
stabilization. Accordingly, the tenant could reasonably have relied
Adm. Review Docket Number: BC 420145-RT
upon the pendency of the instant petition in not filing a petition
for review of Docket No. AD 410311-R.
In light of these circumstances, the Commissioner is of the opinion
that this case must be reprocesed for an appropriate determination
of the status of the subject premises, and an appropriate accounting
of overcharges if the Rent Stabilization Law applies to the subject
premises.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this proceeding be, and the same hereby is, remanded
to the Rent Administrator for further processing in accordance with
this order and opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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