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 : SJR NO. 6605 (6237)
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. FE 430242-RO
RIVINGTON MANAGEMENT CORP., DRO DOCKET NO. EF 410003-UC
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING TO THE RENT ADMINISTRATOR
This Order and Opinion is issued pursuant to an order after an Article 78
Proceeding before the Supreme Court, County of New York, Justice Robert D.
Lippmann, dated February 4, 1993, Index Number 27517/92, which remitted the
proceeding to the Division for further processing.
On May 21, 1991, the above named petitioner-owner filed a Petition for
Administrative Review against an order issued on April 29, 1991, by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York, concerning
housing accommodations known as various apartments, 168 Rivington Street,
New York, New York, wherein the Rent Administrator determined that the
subject building was subject to the Rent Stabilization Law and Code because
the work done thereto did not constitute a substantial rehabilitation in
accordance with Rent Stabilization Code ("Code") Section 2520.11(e).
In an order issued August 11, 1992 the Commissioner affirmed the
Administrator's order.
Based on the above-cited February 4, 1993 court order, the Commissioner is
of the opinion that this proceeding should be remanded to the Rent
Administrator for further processing, including the opportunity for the
parties to submit further evidence.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted to the
extent of remanding this proceeding to the Rent Administrator for further
processing in accordance with this order and opinion. The Administrator's
determination shall remain in effect until the Administrator issues a new
Order upon remand.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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