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. FJ 430376-RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
Don Lewis NO. DD 410001-AD
PETITIONER
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ORDER AND OPINION TERMINATING PROCEEDING
On October 24, 1991, the above-named owner timely filed a
petition for administrative review of an order issued on July 18,
1991 by the District Rent Administrator concerning various housing
accommodations in the premises known as 80 Riverside Drive, New
York, New York.
Pursuant to Section 2522.6 of the Rent Stabilization Code, this
proceeding was initiated by the Division of Housing and Community
Renewal (DHCR) on April 3, 1989, to determine the rental status of
the subject apartments, based upon the subject owner's letter which
requested that the 1984, 1985 and 1986 registration statements be
amended.
On July 18, 1991, the Rent Administrator issued the order under
review herein, which denied the subject owner's request to amend
the aforementioned registration statements.
The subject owner filed a petition for administrative review of
the order asserting that the initial registration statement
mistakenly listed sixty-one hotel rooms as stabilized rooms, when
they were, as the owner alleges, occupied by transients, and
therefore the owner asserts that these rooms should not have been
registered as stabilized rooms.
The Commissioner notes that the Enforcement Unit of DHCR
initiated a proceeding against the subject owner, under Enforcement
Case No. EL 510002-HM, due to the subject owner allegedly
submitting false ledger entrys and altered tax returns to the rent
agency in support of the owner's request to amend the
aforementioned registration statements.
Docket No. 430376-RO
On February 20, 1992, the subject owner and the Enforcement
Unit entered into a stipulation where the parties agreed, among
other things, that the original 1984 registration statement was
correct, and that the subject owner agreed to "withdraw any pending
petition for administrative review to the order issued July 18,
1991, docket number ZDD 410001-AD" (the order under review herein),
and not to take any further appeal of that order. The Commissioner
is accordingly of the opinion that this proceeding should be
terminated.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this proceeding be, and the same hereby is,
terminated.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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