ADM. REVIEW DOCKET NO. BK 420281 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 REVIEW
APPEAL OF DOCKET NO. BK 420281 RO
DISTRICT RENT
: ADMINISTRATOR'S DOCKET
NO. AL 420061-RP
(ZLC-000067-OI)
ROBERTO AND GILDA RODRIGUEZ
PETITIONERS :
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ORDER AND OPINION TERMINATING PROCEEDING
On November 27, 1987, the above-named landlords filed a
petition for administrative review of an order issued on November
2, 1987 by the District Rent Administrator concerning the housing
accommodation known as Apartment 4, 349 West 84th Street, New
York, New York.
This proceeding was originally commenced by the filing of a
"Landlord's Application for Certificate of Eviction," on March 6,
1985. The District Rent Administrator, under Docket No. LC
000067-OE, issued an order granting the Certificate Of Eviction on
June 9, 1986.
The tenants filed a petition for administrative review of the
above-mentioned order, under Docket No. ART-11497-J. The
Commissioner remanded the proceeding to the District Rent
Administrator to determine whether the landlords had a compelling
necessity for the use of the subject apartment.
The District Rent Administrator, under Docket No. L 420061-
RP (ZLC-000067-OI), which is the order under review herein,
revoked the prior order granting the Certificate Of Eviction.
In this petition the landlords assert that the Rent
Administrator's revocation of the Certificate of Eviction was
incorrectly decided.
The Commissioner notes that a "Report of Change in Identity
of Landlord" was filed with the rent agency indicating that on
March 20, 1989, a new landlord acquired the subject building. The
Commissioner finds that the issue raised in this proceeding, which
is whether the eviction of the subject tenant was warranted due to
the prior landlords' asserted need for the subject apartment, is
ADM. REVIEW DOCKET NO. BK 420281 RO
thereby rendered moot. Accordingly, the Commissioner is of the
opinion that this proceeding should be terminated.
THEREFORE, in accordance with the City Rent Control Law and
the Rent and Eviction Regulations, it is
ORDERED, that this proceeding be, and the same hereby is,
terminated.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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