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.: BE 420357-RO
MILDRED G. THALER, : DRO DOCKET NO.:
ZLC 000641 FR85
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On May 22, 1987 the above-named petitioner filed an appeal against
an order issued on April 14, 1987 by the Rent Administrator of the
Rent Office located at 2 Lafayette Street, New York, New York
concerning the housing accommodations known as 241 East 73 Street,
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 of 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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