Adm. Rev. Docket No.: AI810013RO
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. AI810013RO
JOHN P. FARRAUTO, :
DISTRICT RENT
ADMINISTRATOR'S
PETITIONER : DOCKET NO. 058470
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TENANT: CHARLOTTE BERMAN
ORDER AND OPINION TERMINATING PROCEEDING ON APPEAL
The above-named petitioner-landlord timely re-filed a petition for
administrative review against an order issued on July 31, 1986, by
the Rent Administrator, 10 Columbus Circle, New York, New York
concerning housing accommodations known as apartment 7, located at
8 Washington Avenue, Hastings-on-Hudson, New York. In said order,
the Administrator terminated the proceeding below.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the Petition.
The proceeding below was brought on by the tenant's Objection To
Rent/Services Registration. In said Objection, the tenant indicated
that she had not received a copy of an apartment registration
statement.
In the appealed order, based on the tenant's failure to respond to
a notice inquiring as to whether or not the registration had been
received subsequent to the filing of the Objection, the
Administrator determined that the registration statement had been
received.
In the Petition the landlord asserts, in substance, that he has
claimed, in another proceeding, that the subject building is exempt
from regulation under ETPA by virtue of a substantial
rehabilitation; that the merits of the landlord's claim have not
been determined by the Division; and that it would be inconsistent
with said position for the landlord to register the subject
building. The Landlord therefore asks that the appealed order be
held in abeyance pending a resolution of the landlord's claim of
exemption.
Adm. Rev. Docket No.: AI810013RO
The tenant filed an answer opposing the Petition.
The Commissioner is of the opinion that the proceeding brought on
by the filing of this Petition should be terminated as moot.
The Commissioner finds that the subject apartment and building have
been registered.
Therefore, the Commissioner finds that the proceeding brought on by
the filing of the instant Petition and assigned Docket Number
AI810013RO 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
1A2D3D4AI810013.RO
STORECODEC.010402140394
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