ADM. REVIEW DOCKET NOS. BG420385RO and BG420387RO
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
APPEALS OF DOCKET NOS. BG420385RO and
BG420387RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NOS. AF520007AD and
TRIUMPH BAPTIST CHURCH, AF520006AD
PETITIONER
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ORDER AND OPINION TERMINATING PROCEEDING
On July 7, 1987, the above-named landlord filed a petition for
administrative review, under Docket No. BG420385RO, of an order
issued on June 22, 1987 by a District Rent Administrator concerning
the housing accommodation known as Apartment 9, 214 Lenox Avenue,
New York, New York. On July 7, 1987, the above-mentioned landlord
filed a petition for administrative review, under Docket No.
BG420387RO, of an order issued on June 19, 1987 by a District Rent
Administrator concerning the housing accommodation known as
Apartment 4, 214 Lenox Avenue, New York, New York.
The Commissioner notes that the above-mentioned petitions
involve common issues of law and fact. The Commissioner is
accordingly of the opinion that they should be consolidated for
disposition.
This proceeding was commenced by the subject tenants filing
their respective overcharge complaint with the rent agency.
In the orders under review herein, the Administrator
determined that the subject apartments were rent controlled, and
the subject apartments' legal maximum rents were noted.
In its petitions the landlord asserts, among other things,
that the subject building is owned by a non-profit organization;
that the subject building should be exempt from rent control, and
that the legal maximum rents, that were noted in the
Administrator's orders, are not enough for the landlord to operate
the subject building.
ADM. REVIEW DOCKET NOS. BG420385RO and BG420387RO
In response to the landlord's petition, the subject tenant,
who resided in Apartment 9 of the subject building, submitted a
letter noting that she has moved out of her subject apartment.
(Docket No. BG420385RO pertains to the above-mentioned tenant.)
In a letter, dated October 9, 1993, the subject landlord notes
that the tenant who resided in Apartment 9 is deceased.
In a letter filed with the rent agency on October 19, 1993,
the subject landlord withdrew its petition for administrative
review filed under Docket No. BG420387RO.
Based on the above-mentioned facts, the Commissioner is of the
opinion that the instant proceeding should be terminated as moot.
THEREFORE, in accordance with the provisions of the City Rent
and Rehabilitation Regulations, 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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