AJ 410580 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: AJ-410580-RO
DRO DOCKET NO.: ZL-003460-SH
TENANT: FELIX HUERTAS
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On October 7, 1986, the above-named petitioner-owner timely
refiled a Petition for Administrative Review against an order
issued on June 10, 1986, by the Rent Administrator Jamaica
New York, concerning the housing accommodations known as
276 West 71st Street, New York, Apartment No. 3B, wherein the
Rent Administrator determined that the owner had overcharged the
The issue herein is whether the Rent Administrator's order was
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the administrative appeal.
This proceeding was originally commenced in October 1985 by the
filing of a rent overcharge complaint by the tenant.
In Order Number ZL-003460-SH, the Rent Administrator determined
that the tenant had been overcharged in the amount of $517.72,
and directed the owner to refund such overcharge to the tenant.
In this petition, the owner contends in substance that there is
no rent overcharge in that the tenant withdrew his complaint on
February 10, 1986.
The tenant did not submit an answer to the owner's petition.
The Commissioner is of the opinion that this petition should be
An examination of the records in this case discloses that the
owner is correct in its contention that the tenant withdrew his
complaint on February 10, 1986 prior to the Administrator's
AJ 410580 RO
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, granted, that the order of the Rent
Administrator be, and the same hereby is, revoked, and it is
found that the tenant withdrew his complaint.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner