Adm. Review Docket No.: HG120029RT
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 REVIEW
APPEAL OF DOCKET NO. HG120029RT
:
AARON DRUCKER DISTRICT RENT
ADMINISTRATOR'S
PETITIONER : DOCKET NO. GH120017BT
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OWNER : PROVIDENT
OPERATING CORP
ORDER AND OPINION TERMINATING PROCEEDING
The above-named petitioner-tenant timely filed a petition for
administrative review against an order issued on June 18, 1993, by
a Rent Administrator, Gertz Plaza, Jamaica, New York, concerning
housing accommodations known as apartment 4-E located at 64-34 99th
Street, Rego Park, New York, wherein the Administrator, upon the
tenant's challenge to an order of June 30, 1992 granting the
owner's application for an MBR increase for 1992, affirmed said
challenged order, noting that "Pursuant to Policy Statement 90-1
(effect of Rent Reduction Orders on Maximum Base Rent (MBR)
Increase) the owner is barred from collecting the MBR Rent
Adjustment until authorized by order of DHCR"
The Commissioner finds that subsequent to the filing of this
Petition, the tenant investigated the implication of the appealed
order, receiving confirmation that the MBR increase would not be
collectible as to his apartment due to the outstanding rent
reduction order with respect thereto issued on December 7, 1982
(Docket No.: 2T549953) based on a finding of a decrease in
services. Thereupon, the petitioner-tenant advised the DHCR that if
in fact the landlord cannot collect the subject MBR increase in the
absence of a rent restoration order relating to the subject rent
reduction order, the tenant would like the DHCR to consider the
petition withdrawn. The Commissioner finds that in fact the subject
MBR increase cannot be collected as to the tenant's apartment
without an order restoring the rent reduced under the aforesaid
December 7, 1982 order.
Adm. Review Docket No.: HG120029RT
Therefore, the Commissioner finds that the proceeding brought
on by the filing of the instant petition and assigned Docket Number
HG120029RT should be deemed withdrawn and said proceeding should be
terminated.
THEREFORE, pursuant to all of the applicable statutes and
regulations, it is
ORDERED, that this proceeding be, and the same hereby is,
terminated.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
1A2D3D2HG120029.RT
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