CF 4100004 RT
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. 5993, 4930
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. CF 410004 RT
: DRO DOCKET NO. 46113
ORDER AND OPINION REMANDING PROCEEDING
On June 10, 1988, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on May
31, 1988, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
236 East Fifth Street, New York, New York, Apartment No. D4 wherein
the Rent Administrator dismissed the tenant's fair market
rent appeal as untimely filed.
On March 1, 1990, the Commissioner issued an Order and
Opinion denying the petitioner's administrative appeal.
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 order of the Commissioner be annulled.
The Court determined that the proof of service of the initial
registration statement (RR-1 form) submitted by the owner was not
sufficient and ordered that the proceeding be remitted to the
Division for further consideration.
On July 25, 1991, the Commissioner then issued an Order and
Opinion Remanding the Proceeding to the Rent Administrator for
further processing including affording the owner an opportunity to
submit sufficient proof of service of the RR-1 form in accordance
with the court order.
Subsequent thereto, the petitioner filed a motion for
contempt to the effect that the fair market rent appeal should be
decided on the merits and that the owner should not be given an
opportunity to submit proof of service of the RR-1 form.
On March 25, 1992, Justice Schoenfeld issued an order
directing the Division to have the tenant's fair market rent
appeal considered timely filed and to determine such appeal on the
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
CF 4100004 RT
ORDERED, that this proceeding be, and the same hereby is,
remanded to the Rent Administrator to decide the tenant's fair
market rent appeal on the merits. The fair market rent appeal is
to be considered as timely filed and the owner should therefore
not be directed to submit proof of service of the RR-1 form.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner