DOCKET NUMBER: DG 410107-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.: DG 410107-RO
:
DRO DOCKET NO.: CA 410051-RP;
CLARENDON MANAGEMENT L 3117157-RT
CORP. PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 20, 1989 the abovenamed petitioner owner filed a Petition for
Administrative Review against an order issued on June 19, 1989 by the Rent
Administrator concerning the housing accommodation known as 445 West 23rd
Street, Apartment 9C, Lower Manhattan.
The Administrator had issued a prior order terminating the providing based
on a finding that the complainant tenant had vacated and left no
forwarding address.
The Administrator subsequently reopened the proceeding and issued the
herein appealed order establishing a fair market rent as of October 1,
1976 based on the average of Special guideline and comparability and
directing a refund of excess rent. A complete rental history had been
submitted. In updating the rent the Administrator suspended the
collection of a guideline adjustment for 3 months pursuant to Section 20A
of the former Code because the lease of a prior tenant had not expired.
In its petition the owner urges that the Administrator was precluded from
using the rental history prior to April 1, 1980 and applying the former
code pursuant to the decision in J.R.D. Management v. Eimicke, 148 A.D. 2d
610, 539 N.Y.S. 2d 677 (App. Div. 2d dep't 1989).
The Commissioner is of the opinion that the petition should be denied.
The J.R.D. Management case is applicable to the Second Department. The
Appellate Division from the First Department, in which the premises are
located, held directly contra in Levanant v. DHCR, 198 A.D. 2d 185, 544
N.Y.S. 2d 331 (App. Div. 1st Dep't 1989). Moreover the J.R.D. Case
involved a rent overcharge rather than a fair market rent proceeding.
The Commissioner, therefore, finds that the Administrator's order was
correct.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied and that
the order of the Rent Administrator be, and the same hereby is, affirmed.
DOCKET NUMBER: DG 410107-RO
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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