DOCKET NO.: DH410438RO
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 : SJR NO. 4640
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. DH410438RO
ADEIA ASSOCIATES, D.R.O. DOCKET NO. CC410007UC
:
PETITIONER
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ORDER AND OPINION REMANDING PROCEEDING TO THE RENT ADMINISTRATOR
This Order and Opinion is issued pursuant to an order of the Supreme
Court, County of New York, Justice Sandifer, dated January 19, 1990,
which ordered remit of an Article 78 Proceeding, directing the Division
to reconsider its "deemed denial," upon which the court proceeding was
based.
On August 24, 1989, the above named petitioner-owner filed a timely
Petition for Administrative Review against an order issued by the Rent
Administrator, 92-31 Union Hall Street, Jamaica, New York concerning
housing accommodations known as 5 West 102nd Street, New York, New
York, wherein the Rent Administrator determined that the subject
building had not been substantially rehabilitated within the meaning of
Section 5(a)(5) of the Emergency Tenant Protection Act.
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
the Rent Stabilization Law and Code, it is
DOCKET NO.: DH410438RO
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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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