ADM. REVIEW DOCKET NO. CB 810424 RO
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. CB 810424 RO
: D.R.O. DOCKET NO.
BF 810035 S
GARDEN HOMES MANAGEMENT,
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On February 29, 1988 the above-named petitioner-owner timely
refiled an Administrative Appeal against an order issued on
December 10, 1987 by the District Rent Administrator, 55 Church
Street, White Plains, New York, concerning the housing
accommodations known as 910 Stuart Avenue, Mamaroneck, New York,
Apartment No. 4H.
Subsequent thereto, the petitioner filed a petition in the
Supreme Court pursuant to Article 78 of the Civil Practice Law and
Rules requesting that the Court direct the Division to issue a
determination of the administrative appeal.
This appeal has been considered in conformity with the
applicable provisions of Chapter 403 of the Laws of 1983 (Omnibus
Housing Act, of 1983), as amended and of the Emergency Tenant
Protection Act 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 administrative 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 previously issued stay of so much of
the Rent Administrator's order as directed a refund is hereby
continued until a new order is issued upon remand. The order and
ADM. REVIEW DOCKET NO. CB 810424 RO
determination of the Rent Administrator remains in full force and
effect in all other respects until a new order is issued upon
remand.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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