STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE :
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. CC810490RO
ROBERT PENIOWICH, D.R.O. DOCKET NO. YBH810002UC
ORDER AND OPINION REMANDING PROCEEDING TO THE RENT ADMINISTRATOR
On April 1, 1988, the above named petitioner-landlord filed a timely
Petition for Administrative Review against an order issued by the Rent
Administrator, 55 Church Street, White Plains, New York concerning housing
accommodations known as 34 Clarendon Avenue, Yonkers, New York, wherein the
Rent Administrator determined that the subject building had not been
substantially rehabilitated within the memory of Section 9(e) [now
2500.9(e)] of the Tenant Protection Regulations (TPR).
The issue in this appeal is whether the building was substantially
The applicable sections of the Tenant Protection Regulations are Sections
2500.9(e) and 2510.8.
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 administrative appeal.
On November 17, 1992, the New York State Supreme Court, Appellate Division,
issued a decision entitled Eastern Pork Products Company v. DHCR, 590
N.Y.S.2d 77, wherein the court found the Division's standards for
processing substantial rehabilitation proceedings to be "overly rigid".
Accordingly, the Commissioner is of the opinion that this proceeding must
be remanded to the Rent Administrator for further processing in view of the
Eastern Pork Products decision.
THEREFORE, in accordance with the Emergency Tenant Protection Act and
Regulations, it is
DOCKET NO.: CC810490RO
ORDERED, that this petition 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.
JOSEPH A. D'AGOSTA