BJ 130148 RO ET. AL.
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
APPEALS OF DOCKET NOS.:
BJ 130148 RO
BJ 130149 RO
BJ 110406 RO
BK 110242 RO
THREE TOWERS ASSOCIATES DISTRICT RENT
ADMINISTRATOR'S DOCKET
NOS.:
PETITIONER 51724, 51341, 31863
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ORDER AND OPINION REMANDING PROCEEDINGS TO RENT ADMINISTRATOR
The Commissioner has consolidated the above proceedings as
all contain common issues of law and fact.
The above named petitioner owner filed timely Petitions for
Administrative Review against orders of the Rent Administrator
issued August 28, 1987, September 14, 1987 and October 22, 1987.
The orders concerned housing accommodations known as Apt. 30-A
located at 269 Grand Central Parkway, Apt.14-V located at 270
Grand Central Parkway, and Apt. 18-S located at 271 Grand Central
Parkway, Floral Park, N.Y. wherein the Administrator determined
the tenants' objections to the owner's rent and services
registration statements.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by these
appeals
Each appeal herein raises the identical issue, to wit --
whether the Administrator was correct in finding that the
recreational facilities located in the North Shore Towers complex
are a "required or essential service" which the owner must
maintain and register as a building service. The owner argues
that the Administrator was incorrect in so finding in each of the
above referenced proceedings.
After careful consideration, the Commissioner is of the
opinion that these proceedings must be remanded to the
Administrator for consolidation with other currently pending
proceedings relating to the same issue.
A search of the Division records reveals orders of the
Commissioner (see Docket Nos. BD 110434 RT, BC 110212 RT and
BD 110083 RO) concerning several housing accommodations in the
complex. The Commissioner remanded the issue of the recreational
facilities to the Administrator to render a uniform
determination. Accordingly, the Commissioner deems it
appropriate to remand these proceedings for consolidation
therewith.
THEREFORE, pursuant to the Rent Stabilization Law and Code
it is
ORDERED, that these proceedings be, and the same hereby are,
remanded to the Rent Administrator for further processing in
accordance with this order and opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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