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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.:
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JAMES PETERS, Tenant Representative
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER CA430089B
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 19, 1993, the above-named petitioner-tenant filed a peti-
tion for administrative review (PAR) of an order issued on July 15,
1988, by the Rent Administrator, concerning the housing accommoda-
tion known as 241 West 13th Street, various apartments, New York,
New York, wherein the Administrator determined that the tenant had
failed to submit information or evidence necessary to process the
case, which had been requested on May 19, 1988.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The information requested by the Administrator on May 19, 1988 was
supplied by the tenant in a submission dated May 30, 1988, six
weeks prior to the termination of the proceeding. Such information,
which would have warranted an inspection, did not become part of
the file until after the order was issued.
The Commissioner finds that the Administrator's order finding that
the tenants did not respond is an error.
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THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, granted,
and that the Rent Administrator's order be, and the same hereby, is
reversed and remanded to the Administrator for review and further
processing.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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