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.: FF 410075-RO
78 EAST 1 STREET CORP., DRO DOCKET NO.: EL 410003-AD
PREMISES: 78 East 1 Street
PETITIONER : Apartment 3F
------------------------------------X New York, N.Y.
ORDER AND OPINION REOPENING ADMINISTRATIVE REVIEW
PROCEEDING FOR FURTHER CONSIDERATION
On June 5, 1991, the above-named petitioner-owner filed a Petition for
Administrative Review of an order issued on May 1, 1991, by the Rent
Administrator of the District Rent Office located at Gertz Plaza, Jamaica,
On July 3, 1991, the Commissioner issued an Order and Opinion dismissing
the proceeding as not being filed within 35 days as set forth in
Operational Bulletin 84-1.
Following the issuance of the order, by letter dated June 8, 1991, the
petitioner-owner, by its attorney, requested that the Dismissal Order be
reviewed and the Petition reconsidered. The petitioner-owner by its
attorney, contended that the petition was timely in that it was filed
within thirty five days. In support, the petitioner-owner by its
attorney, submitted a copy of the receipt for certified mail bearing a
U.S.P.S. postmark dated June 5, 1991.
Based on the above, it is the opinion of the Commissioner that the filing
of the Petition for Administrative Review by the owner complies with the
thirty-five (35) day filing requirement of Operation Bulletin 84-1.
Pursuant to Operational Bulletin 84-1, the Commissioner may review an
order where the order was the result of irregularity in vital matters such
as, in this instance, the timely filing of the owner's petition for
Based on the foregoing, this order is issued pursuant to Operational
Bulletin 84-1 based on an irregularity in vital matters in that the
Petitioner-owner timely filed its petition for Administrative Review.
Said order revokes the July 3, 1991, dismissal and preserves for further
determination the owner's petition for administrative review.