DD 130147-RO; DE 130351-RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
----------------------------------x S.J.R. NO. 5418
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.
J. & M. REALTY ASSOCIATES and DE 130351-RT
SHEFA REALTY CORP.; and
FLORENCE ALTFIELD RENT ADMINISTRATOR'S
(Tenants' Representative), DOCKET NO.
PETITIONERS CE 130048-B
ORDER AND OPINION NOTING COURT'S VACATUR OF COMMISSIONER'S PRIOR
ORDER AND OPINION ISSUED ON OCTOBER 1, 1990 AND VACATUR OF ORDER
ISSUED BY RENT ADMINISTRATOR ON MARCH 6, 1989, TERMINATING
OWNER'S AND TENANTS' PETITIONS FOR ADMINISTRATIVE REVIEW, AND
RESTORING STABILIZED RENTS PURSUANT TO ORDER OF SUPREME COURT
On March 6, 1989 the Rent Administrator issued an order reducing
the stabilized rents of various housing accommodations in the
premises known as 142-20 84th Drive, Briarwood, New York based
upon a finding of decreased services.
The owner and the tenants filed petitions for administrative
review of the Rent Administrator's order. The owner asserted
that the rents should not have been reduced. The tenants asserted
that some items which the Rent Administrator had found to be re-
stored were in fact not restored.
On October 1, 1990 the Commissioner issued an order and opinion
denying the owner's and the tenants' petitions for administrative
review and affirming the Rent Administrator's order.
Subsequently, the owner commenced a proceeding in the Supreme
Court of the State of New York pursuant to Article 78 of the
Civil Practice Law and Rules seeki g annulment of the Commis-
sioner's affirmance of the Rent Administrator's order.
On July 3, 1991, the Supreme Court (Cosmo J. DiTucci, J.; Index
No. 20795/90) issued a judgment granting the owner's Article 78
petition and vacating the Commissioner's order and opinion issued
on October 1, 1990 and the Rent Administrator's order issued on
March 6, 1989, and dismissing the tenants' original complaint.
The court also directed the rent agency to issue an order re-
storing the rents which had been reduced under the March 6, 1989
order of the Rent Administrator as previously affirmed by the
DD 130147-RO; DE 130351-RT
THEREFORE, in accordance with the Rent Stabilization Law and
Code and the Emergency Tenant Protection Act f 1974, and pur-
suant to the judgment of the Supreme Court, it is
ORDERED, that as the Supreme Court has vacated the order issued
by the Rent Administrator on March 6, 1989 under Docket No. CE
130048-B and has dismissed the tenants' original complaints, the
petitions for administrative review of that order of the Rent Ad
ministrator, filed by the owner and tenants respectively under
Administrative Review Docket Nos. DD 130147-RO and DE 130351-RT
be, and the same hereby are, terminated as moot; and it is
FURTHER ORDERED, that all stabilized rents reduced pursuant to
the Rent Administrator's order of March 6, 1989 be, and the same
hereby are, restored nunc pro tunc; and it is
FURTHER ORDERED, that the tenants may repay any arrears in rent
arising as a result of this order n twelve equal monthly in-
stallments commencing with the next rent payment date.