Docket No. EH 420262-RT
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.: EH 420262-RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
Lawrence Weiner NO.: DI 420056-UT
Premises: 13 Bleecker St.,
top floor, NY,
New York
PETITIONER
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ORDER AND OPINION REFERRING PROCEEDING TO THE ADMINISTRATOR
On August 22, 1990 the above-named owner filed a timely
petition for administrative review of an order issued on August 1,
1990 concerning the housing accommodations described above.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The tenant commenced this proceeding on September 19, 1989 by
filing a Request for Registration Information concerning the
subject apartment.
On August 1, 1990 the Rent Administrator issued the order being
appealed herein, in which the Administrator found that "There is no
registration information on file for the subject apartment. If it
is believed that the (subject apartment) is subject to the Rent and
Evictions Regulations, a section 36 proceeding may be requested to
determine the status and rental of unit."
On appeal, the tenant states that he and his family have lived
in the subject apartment since the 1960's.
The Commissioner is of the opinion that this proceeding should
be referred to the Administrator.
The "order" being appealed herein did not determine the rights
and obligations of the parties in the instant proceeding but rather
Docket No. EH 420262-RT
ecommended the remedy the tenant should seek.
THEREFORE, in accordance with the Rent and Evictions
Regulations, it is
ORDERED, that this proceeding be, and the same hereby is,
referred to the Administrator. Upon referral, the Administrator is
instructed to commence an "AD" proceeding in accordance with NYCRR
2202.22 (former section 36) in order to determine whether or not
the subject apartment is subject to the Rent and Evictions
Regulations. If it is found that the subject apartment is rent-
controlled, the Administrator is directed to determine the maximum
legal rent for the apartment.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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