EJ410321RT and ART09815L (after remit)
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X SJR NOS. 7319 and 2478
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS. EJ410321RT and
(ART 09815L) (after remit)
: DISTRICT RENT OFFICE
Stanley and Joanne Marder, DOCKET NOS. L3114880R and
OWNER: 24 Fifth Avenue Associates
ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDINGS
On May 1, 1986, the above-named tenants filed a petition for
administrative review under Docket No. ART09815L of an order issued on
April 25, 1986 by a Rent Administrator under Docket No. L3114880R
concerning the housing accommodations known as 24 Fifth Avenue,
Apartment No. 1703, New York, New York, wherein the Rent Administrator
dismissed the tenants' overcharge complaint.
In his order of April 25, 1986, the Administrator dismissed the
overcharge complaint because the Administrator was of the opinion that
another order (Opinion No. 30,402 of the Conciliation and Appeals Board)
had resolved the issues presented by the tenants' complaint under Docket
The tenants filed a petition for administrative review under Docket No.
ART09815L, and on May 29, 1987 the Commissioner affirmed the
Subsequently a petition was filed by the tenants in the Supreme Court
pursuant to Article 78 of the Civil Practice Law and Rules seeking
judicial review of the Commissioner's order.
The proceeding was then remitted on consent of both parties for further
On October 18, 1990, the above-named tenants filed a petition for
administrative review under Docket No. EJ410321RT of an order issued on
September 13, 1990 under Docket No. CI410540R by a Rent Administrator
concerning the same housing accommodations and the same parties as
EJ410321RT and ART09815L (after remit)
In his order of September 13, 1990, the Administrator terminated the
proceeding under Docket No. CI410540R because another overcharge
complaint involving these same parties was open and pending before the
Rent Administrator under Docket No. AJ410295R. The Administrator stated
that the cases would be consolidated and the parties would be further
advised under Docket No. AJ410295R.
In their petition for administrative review under Docket No. EJ410321RT,
the tenants assert that the cases in question "... should be jointly
considered rather than consolidated."
Subsequently, the owner filed a petition in the Supreme Court pursuant
to Article 78 of the Civil Practice Law and Rules requesting that the
Court direct the Division to expeditiously issue a determination of the
tenants' administrative appeals.
DHCR was ordered by the Supreme Court to issue opinions in these two
petitions for administrative review within 90 days of April 14, 1994.
The Commissioner is consolidating these petitions for administrative
review and this order and opinion is dispositive of both.
The Commissioner is of the opinion that these petitions for
Administrative review should be granted and the proceedings should be
remanded for further processing.
The Commissioner is of the opinion that the Administrator should make a
specific determination of the lawful stabilization rents for the subject
apartment beginning with November 1, 1982, the date the petitioner-
tenants took occupancy of the subject apartment. This determination
will be made consistent with prior Commissioner's orders issued under
Docket Numbers BH430373RO and DL410114RT and should include any
adjustments necessary for reductions in hotel services. The
determinations of these cases should be made in conjunction with the
open and pending overcharge application under Docket No. AJ410295R.
THEREFORE, in accordance with the provisions of the Rent Stabilization
Law and Code, it is
ORDERED, that these petitions be, and the same hereby are, granted, the
Administrator's orders be, and the same hereby are, revoked, and that
these proceedings be, and the same hereby are, remanded to the
Administrator for further processing in accordance with this order and
JOSEPH A. D'AGOSTA