DHCR Decisions
Docket Number: AI-410101-RO
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.: AI 410101-RO
:
PAN AM EQUITIES, DRO DOCKET NO.: L-001383
PETITIONER :
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ORDER AND OPINION TERMINATING PROCEEDING
On September 23, 1986, the above-named petitioner-owner filed a Petition
for Administrative Review (PAR) against an order issued on August 15,
1986, by the Rent Administrator at Gertz Plaza, Jamaica, New York,
concerning the housing accommodations known as 65 Fourth Avenue, Apartment
5-E, New York, New York, wherein the Administrator determined the tenants'
overcharge complaint, established the legal regulated rent, and ordered a
refund.
In a letter dated August 19, 1987, the owner advised the Division that
the parties had entered into a Stipulation of Settlement wherein the owner
and tenant agreed to settle the issues in the matter on the following
terms.
1) The owner having reviewed the rent records for the
subject apartment hereby agrees to withdraw its
Petition for Administrative Review with prejudice.
The owner will provide copies of such withdrawal
with proof of mailing (certified receipts) to the
tenant.
2) For the purpose of settling the proceedings the
owner hereby agrees:
(1) to refund to the tenant $682.20 by a
single payment on or before August 18, 1987.
3) Owner and Tenant agree that the present maximum
Legal Regulated Rent for the premises of the
apartment is $797.37.
Section 2520.3 of the Rent Stabilization Code provides that while a tenant
may withdraw any pending complaint pursuant to a negotiated settlement
with the approval of the Division, such settlement shall not be binding
upon subsequent tenants.
Docket Number: AI-410101-RO
The Commissioner notes that the rent agreed to by the tenant, $797.37 per
month, is in excess of the lawful stabilized rent established by the
Administrator, $766.70 per month for the lease term in effect on August
18, 1987.
Pursuant to the parties' settlement agreement, the Commissioner declines
further consideration of the complaining tenant's rent. The Commissioner
further finds, however, that the settlement shall not be binding upon
subsequent tenants unless the subsequent tenants are time-barred from
challenging the rent negotiated by the owner and the tenant.
The Commissioner also notes for the record that related proceedings under
Docket No. L-000950-R were terminated as duplicative by an order dated
July 22, 1986.
THEREFORE, in accordance with the provisions of Chapter 403, Laws of 1983,
as amended by Chapter 102, Laws of 1984, as implemented by Operational
Bulletin 84-1, it is
ORDERED, that this Administrative Review proceeding be, and the same
hereby is, terminated, as withdrawn by the petitioner, in accordance with
above.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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