STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X S.J.R. NO. 5844-A
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BH 410137-RO
ARTHUR ZABARKUS DOCKET NO. LC 000010-OH
CORRECTING ORDER AND OPINION REMANDING PETITION FOR ADMINISTRATIVE REVIEW
This order corrects an order and opinion issued on June 2, 1992 to reflect
the proper address of the subject premises and docket numbers relating to
the instant proceeding.
On August 18, 1987 the above-named petitioner-landlord filed a Petition
for Administrative Review against an order issued on January 19, 1987 by
the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York
concerning housing accommodations known as 44 Gramercy Park North, New
York, N.Y., various apartments.
On May 9, 1991 the Commissioner issued an Order and Opinion denying the
landlord's administrative appeal. Said order also denied a petition for
administrative review (BH 410259-RT) filed by the tenant of apartment 5A.
Subsequent thereto, the landlord filed a petition in the Supreme Court
pursuant to Article 78 of the Civil Practice Law and Rules requesting that
the order of the Commissioner in so far as it pertained to his
administrative appeal be annulled.
This resulted, eventually, in a court ordered stipulation which remitted
the proceeding to the DHCR with direction that the instant hardship
application be recalculated by the Rent Administrator, pursuant to an
order of the court dated October 30, 1991, using the equalization ratio
in effect at the time the application was filed (rather than 1972
equalization ratio) and to consider whether the "current" assessed value
as opposed to "transitional" assessed value is the proper basis for
calculating capital value where the equalized assessed value of the
property (as opposed to the purchase price) is the appropriate index of
capital value for hardship purposes.
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations for New York City, is
DOCKET NUMBER: BH 410137-RO
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 and stipulated court directive. The orders of the Rent
Administrator remains in full force and effect until new orders are issued
upon the remand.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner