ADM. REVIEW DOCKET NO. BF410400RO
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. BF410400RO
DISTRICT RENT
237 REALTY COMPANY, ADMINISTRATOR'S DOCKET
NO. AI410011OE
PETITIONER
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ORDER AND OPINION TERMINATING PROCEEDING
On June 25, 1987, the above-named landlord filed a petition
for administrative review of an order issued on May 28, 1987 by the
Administrator concerning the housing accommodation known as
Apartment 1FW, 237 West 18th Street, New York, New York.
This proceeding was commenced by the landlord filing an
application, dated September 26, 1986, requesting that the rent
agency issue an order permitting the landlord to refuse to renew
the subject tenant's lease. The subject landlord asserted that the
application was based on its intention to withdraw the subject
apartment from the rental market.
In the order under review herein, the Administrator denied the
landlord's application.
In its petition the landlord asserts that the Administrator's
order was incorrectly decided.
The Commissioner notes that the subject landlord in the 1988
and 1989 apartment registrations indicate that the subject
apartment had been vacant. The Commissioner further notes that the
subject landlord in the 1991 apartment registration points out that
the subject apartment is being used for a commercial purpose, and
that the subject apartment is temporarily exempt from rent
regulations.
ADM. REVIEW DOCKET NO. BF410400RO
As the above-mentioned apartment registrations note that the
subject tenant has vacated the subject apartment, the Commissioner
finds that the issue raised in this proceeding, which is whether
the landlord could refuse to renew the subject tenant's lease, is
thereby rendered moot. Accordingly, the Commissioner is of the
opinion that this proceeding should be terminated.
THEREFORE, in accordance with the City Rent and Rehabilitation
Law and the Rent and Eviction Regulations, it is
ORDERED, that this proceeding be, and the same hereby is,
terminated.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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