STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.
106 PINEHURST AVE. CO.,
PETITIONER DJ 530057-B
ORDER AND OPINION TERMINATING PROCEEDING
On December 6, 1991, the above-named owner filed a petition for
administrative review of an amended order issued on November 18,
1991, by a District Rent Administrator concerning various housing
accommodations in the premises known as 106 Pinehurst Avenue, New
York, New York.
On October 18, 1989, various tenants filed a building-wide appli
cation for a rent reduction based on the owner's failure to
maintain certain services.
On January 3, 1990, the Division of Housing and Community Renewal
(DHCR) received the owner's answer. The owner responded in a
point-by-point rebuttal of the tenants' complaint. In substance,
the answer stated that no diminution of services existed.
On October 9, 1990, the Administrator issued an order wherein
rent was reduced due to a diminution of services.
On November 13, 1990, the above-named owner filed a petition for
administrative review of that order under Docket No. EK
Subsequently, and after more than ninety days had elapsed from
the time it filed its petition for administrative review, the
owner deemed its petition as having been denied, and sought
judicial review in the Supreme Court of the State of New York
pursuant to Article 78 of the Civil Practice Law and Rules.
By court order dated September 6, 1991, the matter was remitted
to the rent agency for determination by December 31, 1991.
On November 18, 1991, the Administrator issued the amended order
here under review. This amended order corrected a clerical error
made in the original order. Both the substance of the original
order and the total dollar amounts of the rent reductions
remained the same.
On December 27, 1991, the Commissioner issued an order and
opinion denying the owner's petition for review under Docket No.
EK 530038 RO. In this orde , the Commissioner carefully con-
sidered the entire record, including the amended order. The
order fully explained the nature and extent of the Administra-
tor's amendment and the fact that the owner's due process rights
were fully protected.
In this petition for administrative review, the owner requests
that this petition for review be consolidated with the prior
petition for review. The owner further requests that since the
prior petition had already addressed the issues in the amended
order, it be incorporated herein.
Due to a docketing delay, this petition for review was not
docketed until after the previous order had been issued.
Accordingly, the two petitions for review could not be
consolidated into one order.
After careful consideration, the Commissioner is of the opinion
that this proceeding be terminated.
As acknowledged by the owner, all the issues created by the
amended order have been previously considered and decided. This
petition for review raises no new issues of law or fact.
THEREFORE, pursuant to the Rent Control Law, the Rent and Evic-
tion Regulations, and the Rent Stabilization Law and Code, it is
ORDERED, that this proceeding be, and the same hereby is,
JOSEPH A. D'AGOSTA