FD 210144-RT; FF 210586-RT
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.:
FD 210144-RT
DENISE LA GRUA AND ROBIN LYNCH, FF 210586-RT
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONERS CC 230090-OM
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ORDER AND OPINION TERMINATING THE PROCEEDINGS
The Commissioner has consolidated these petitions as they involve
common questions of law and fact.
The above-named tenants filed and refiled timely petitions for
administrative review of an order issued on March 14, 1991, by a
Rent Administrator concerning the housing accommodations, known
as Apartment 4-J and 2-M, 28 Marine Avenue, Brooklyn, New York,
wherein the Rent Administrator determined that the owner was
entitled to a rent increase based on major capital improvements
(MCI).
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petitions for review.
Both tenants filed petitions challenging the collectibility of
MCI increases, which had been granted in the proceeding under
review, based on their allegations that they had not been
afforded proper notice that an MCI increase application was
pending at the time they took occupancy of their respective
apartments. Attached to their petitions were copies of their
vacancy leases.
Subsequent to the filings of the petitions both tenants requested
that their petitions be withdrawn based upon written agreements
with the owner, signed by all parties and copies of which were
submitted to the Commissioner, which provide that the increase is
not applicable to them and will not be collected.
Accordingly, since the relief sought in these petitions has
already been obtained by the petitioners, based on mutual consent
of the parties and since there no longer exists any issue or
FD 210144-RT; FF 210586-RT
controversy to be determined herein, the Commissioner is of the
opinion that these proceedings should be terminated.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that these petitions be, and the same hereby are,
terminated.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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