STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X SJR 6823 (Mandamus)
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. AL410121RO
: DISTRICT RENT OFFICE
DOCKET NO. L3116535R/T,
Clarendon Management Corp., CDR 29071
TENANT: Ellen Steinberg
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 8, 1986 the above-named petitioner-owner filed a Petition
for Administrative Review against an order issued on November 24, 1986
by the Rent Administrator, 10 Columbus Circle, New York, New York
concerning the housing accommodations known as 455 West 23rd Street,
New York, New York, Apartment No. 9D wherein the Rent Administrator
determined that the owner had overcharged the tenant in the amount of
$5,982.44 as of September 30, 1986.
Subsequent thereto, the petitioner owner filed a petition in the Supreme
Court pursuant to Article 78 of the Civil Practice Law and Rules
requesting that the Court mandate an expeditious determination of its
In this petition, the owner contends in substance that the tenant wrote
a letter to the DHCR on September 28, 1986 withdrawing her overcharge
complaint, and that the DHCR received it on October 16, 1986,
approximately five weeks prior to the issuance of the Administrator's
order on November 24, 1986. With its petition the owner enclosed a copy
of a letter from the tenant to the DHCR, dated September 28, 1986,
stating that she wished to drop the overcharge complaint. The owner
also enclosed a copy of a certified mail receipt for an article received
by the DHCR on October 16, 1986.
The owner later submitted a supplement to its petition, contending that
the JRD Management court case meant that it did not have to submit a
rental history for periods prior to November 24, 1982.
The Commissioner is of the opinion that this petition should be granted.
Prior to the time that the Administrator issued an order, the tenant
withdrew her complaint. It is possible that the tenant's withdrawal
letter did not reach the appropriate file until after the order was
issued. The Commissioner considers it appropriate to permit the tenant
to withdraw her complaint, just as she would have been free to not file
a complaint in the first place.
The Commissioner notes that the tenant vacated in 1986 (her lease
expired April 30, 1986, her withdrawal letter was dated September 28,
1986, and a new tenant began a lease on November 15, 1986), and that the
DHCR does not have a forwarding address for her.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted; that
the Rent Administrator's order be, and the same hereby is, revoked; and
that this proceeding be, and the same hereby is, terminated.
JOSEPH A. D'AGOSTA