Escolar Documentos
Profissional Documentos
Cultura Documentos
YOU ARE HEREBY COMMANDED to appear and attend and testify, in person or by designee,
before Deborah Rand, RuthAnne Visnauskas, and Vito Mustaciuolo, who have been designated
by Rafael E. Cestero, Commissioner of the New York City Department of Housing Preservation
and Development, to act as a Hearing Board pursuant to Housing Maintenance Code §27-2092
in all matters concerning the ownership, management and maintenance of the properties listed
in Schedule A, at 100 Gold Street, Room 6-01, on the 11th day of January 2011 at 10:00 a.m.
or any agreed upon adjourned date thereof, and to bring with you all books papers, records and
documents requested in Schedule B.
PLEASE TAKE NOTICE that the Commissioner deems seeking the information
requested herein to be in the public interest, within the powers, duties and responsibilities
mandated by the Housing Maintenance Code of the City of New York, and relevant and material
to the investigation into the ownership, management and maintenance of the properties listed in
Schedule A.
PLEASE TAKE NOTICE that your failure to appear and produce the books, papers,
records and documents requested in Schedule B to this subpoena on the date, time, and place
stated above, or at an agreed upon adjourned date or time, may subject you to an enforcement
proceeding to compel compliance.
December 9, 2010
__________________________
Vito Mustaciuolo
Hearing Board Member
SCHEDULE A
List of Properties
1. Documents prepared or received containing information regarding (i) income and operating
expenses including, but not limited to, monthly expense reports, and (ii) the commencement,
performance, completion, or cost of repairs with respect to the Properties listed in Schedule
A (“Properties”);
2. Copies of rent rolls for each month since the date of appointment of the receiver for the
Properties;
3. A statement regarding whether any revenue or other funds not indicated on the rent rolls for
the Properties has been received by a receiver or any other entity, and the sources,
amounts, and uses of any such monies;
4. A statement regarding who currently pays real property taxes, water and sewer charges,
and emergency repair bills for the Properties;
5. Copies of all communications (including, but not limited to, letters, memoranda, faxes, e-
mails, or any other form of written or electronic correspondence) to, from, or among any
representative or affiliate of LNR Partners, Inc., COMM 2006-C8 Taylor Avenue, LLC, Wells
Fargo, COMM 2006-C8 Commercial Mortgage Pass Through Certificates, the receiver
appointed for the Properties, or any other party holding any ownership or mortgage interest
in any of the Properties;
6. Documents sufficient to specify the nature, extent and duration of any ownership, financial,
management, contractual or otherwise beneficial interest of any group, person or entity in
the Properties, including the full legal name, principal office address, date of formation,
place of formation, and form of organization, including but not limited to deed owners, their
parent organizations, if any, and all subsidiaries or affiliates;
7. Documents sufficient to provide the following information relating to the Properties: names of
current mortgage holders, initial mortgage amount, current mortgage amount, and mortgage
arrears;
9. Documents that relate to any lawsuit (whether a criminal action, civil action, or regulatory
action) or other complaint with regard to the Properties since the appointment of the receiver
and that includes any allegation or questions regarding any of the following: harassment,
inadequate property conditions, failure to provide required property services, failure to
submit or file a required form with the City, State, or Federal government or its subdivisions
and agencies, negligence or recklessness;
10. Documents regarding the maintenance, operation, improvement and management of the
Properties, including, but not limited to journals, ledgers, accounts, check books, cancelled
vouchers, contracts, correspondence, stock books and minute books;
11. Copies of the certified annual financial reports for the Properties;
12. Documents evidencing the establishment of reserve funds for the Properties including
statements indicating all amounts deposited in and withdrawn from such reserve funds and
the purpose of any such withdrawal;
13. Copies of any engineering reports, appraisal reports and any reports regarding the condition
of the Properties, repairs required for the Properties, or estimates of value of the Properties;
14. Copies of the Operating Statement Analysis Report for each of the Properties required
under section 3.13 of the Pooling and Servicing Agreement dated December 1, 2006
(“PSA”), copies of the inspection reports for each of the Properties required under section
3.19 of the PSA, and copies of the Asset Status Report for each of the Properties required
under section 3.26 of the PSA; and
15. Documents indicating any amounts to be set aside for repairs of the Properties included in
any proposals for sale or assignment of the note for the Properties.
SCHEDULE C
Instructions
Definitions
As used in this subpoena, the following terms have the following meaning:
1. “Documents” means the complete original or a true, correct and complete copy and any
non-identical copy, draft, compilation or summary of any handwritten, typewritten,
printed, computer generated, recorded or graphic matter, however stored, produced or
re-produced, and any mechanical, magnetic or electrical recording of any voice, sound,
image or data in Your possession, custody or control, wherever located. Such
Documents include, but are not be limited to, the following: certificates of incorporation,
audits, management reports, tax returns, stock certificates, stock pledge agreements,
deeds, real property transfer tax returns, franchise/syndication/partnership agreements,
mortgages and notes, service contracts, management contracts, financial statements
whether audited, compiled or otherwise prepared, management procedure documents,
work orders, superintendent logs, complaint logs, letters, correspondence etc.
2. “You”, “Your”, means (i) the person and entity to which this subpoena is addressed (ii)
that entities officers, directors, agents, contractors, employees, and attorneys (iii) any
current, predecessor or successor corporation, parent, subsidiary, division, partnership,
association, joint venture or affiliate (iv) any person acting on behalf of, or in the interest
of, the person or entity to which this subpoena is addressed and (v) any entity in which
the person or entity to which the subpoena is addressed was or is an officer, partner,
member, stockholder, or has or had any financial, contractual or beneficial interest.
3. “Relating to” means in whole or in part constituting, containing, concerning, discussing,
analyzing, identifying or stating.
4. “DHPD” means the City of New York Department of Housing Preservation and
Development.
5. "Documents sufficient to specify” means a document submission that provides a
complete, definite, and unambiguous response.
6. "Properties" means the parcels of real property and improvements thereon set forth in
Schedule A.