FB 430073 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
----------------------------------X S.J.R. 5723
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FB 430073 RO
ADINA MANAGEMENT,
DRO DOCKET NO.: DK 430063 B
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND
REVOKING DISTRICT RENT ADMINISTRATOR'S ORDER
On February 6, 1991, the above-named petitioner-managing agent
filed a Petition for Administrative Review against an order
issued on January 4, 1991, by the Rent Administrator, 92-31 Union
Hall Street, Jamaica, New York, concerning various apartments at
145 Attorney Street, New York, New York, wherein the Rent
Administrator directed a rent reduction based on a decrease in
building-wide services.
Subsequent thereto, the petitioner filed a petition in the
Supreme Court pursuant to Article 78 of the Civil Practice Law
and Rules in the nature of mandamus for a judgment directing the
DHCR to render a determination of the petitioner's administrative
appeal.
On June 28, 1991, an order was signed by Justice Edward H.
Lehner directing DHCR to determine the petitioner's
administrative appeal.
This proceeding was originally commenced on November 14, 1989 by
the tenants by the filing of a complaint of decreased services.
In the order under appeal herein, the Rent Administrator
determined, that services were not being maintained and, based
thereon, directed a rent reduction.
In this petition, the managing agent asserts, among other
things, that the subject building is exempt from rent
stabilization based on a substantial rehabilitation after January
1, 1974.
The Commissioner is of the opinion that this petition should be
granted.
Regarding the petitioner's contention that the subject building
FB 430073 RO
is exempt from rent stabilization based on substantial
rehabilitation, this issue is addressed in the order issued under
Administrative Review Docket Number DJ 410258 RO, which is being
issued contemporaneously with this order, wherein it is
determined that the subject building is exempt from rent
stabilization. Based thereon, the Commissioner finds that the
Division does not have jurisdiction to determine the tenants'
services complaint.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be and the same hereby is granted,
the District Rent Administrator's order be and the same hereby
is revoked and the tenants' services complaint be and the same
hereby is terminated.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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