GD 510161 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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE APPEAL
APPEAL OF DOCKET NO. GD 510161 RO
DuPont Associates DISTRICT RENT OFFICE
c/o Shaw & Binder, DOCKET NO. ZED 410204-R
PETITIONER
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On April 21, 1992 the above-named petitioner filed an appeal
against an order issued on March 17, 1992 by the Rent Administrator
of the Rent Office located at 92-31 Union Hall Street, Jamaica,
New York concerning the housing accommodations known as 305 West
45th Street, New York, New York, Apt. 6M, wherein the Administrator
determined that the tenant had been overcharged.
On March 20, 1992, the tenant filed a request for reconsideration
of the Administrator's order. On May 20, 1992 the proceeding was
reopened by the Administrator, under Docket No. GE 510011 RK, in
order to correct errors in calculation, and to take into account
the impact of the revocation of MCI Order # ZAK-430193-OM and the
issuance of a service reduction order (Docket No. ZBD-410115-B) on
the lawful rent.
On April 23, 1992, during the pendency of the aforementioned
reconsideration proceeding, the owner filed the instant petition
for administrative review contending, among other things, that
errors exist in the calculation of the legal regulated rent, and
that the hypertechnical nature of the "de minimus" overcharge
precludes the imposition of treble damages upon the owner.
The tenant's representative submitted an answer which addressed the
owner's arguments on the merits, but also asserted that it would be
premature for the administrative appeal to proceed in light of the
pending reconsideration.
The Commissioner is of the opinion that this proceeding should be
GD 510161 RO
remanded to the Rent Administrator for consideration of the owner's
arguments in its petition for administrative review, and the
tenant's answer thereto, in conjunction with the reconsideration
under Docket No. GE 510011 RK.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this appeal 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
order and determination of the Rent Administrator remains in full
force and effect until a new order is issued upon remand. However,
if the Rent Administrator's order retroactively adjusted the rent
and directed a refund of monies between the parties, so much of the
Rent Administrator's order as directed such refund is hereby stayed
until a new order is issued upon remand.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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