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
-----------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EG410352RO
(Refile of EF410057RO)
Wasserstein Bros., RENT ADMINISTRATOR'S
DOCKET NO.: DF410785S
PETITIONER PREMISES: Apt. 3
108 West 17 Street
New York, NY
-----------------------------------X
ORDER AND OPINION DISMISSING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on May 23, 1990 concerning the housing
accommodations relating to the above-described docket number.
The scope of review of an administrative appeal is limited to a
review of the facts or evidence before the Administrator as raised
in the petition. The instant petition raises new allegations that
were not before the Administrator or otherwise fails to raise any
issue regarding the correctness of the order being appealed from.
The Commissioner finds that the petition must therefore be dismissed
for failure to state a cause of action.
The rent will be restored only when an owner's application to
restore is filed and granted. The owner is advised to file such an
application if the facts so warrant.
The automatic stay of the retroactive rent reduction that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, dismissed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
