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.: AL 410762-RO
DRO DOCKET NO.: ZL 003192-RJ
AVENUE INC. PETITIONER :
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 29, 1986 the above named petitioner filed a Petition for
Administrative Review against an order issued on November 26, 1986 by the
District Rent Administrator 92-31 Union Hall Street, Jamaica, New York
concerning housing accommodations known as Apartment 12-S located at 866
United Nations Plaza, New York, New York 10007. The Administrator ordered
the petitioner to offer a renewal lease to the tenant.
This proceeding concerns an apartment rented to the Canadian Government
and occupied by a tenant of its choosing. When the owner failed to issue
a renewal lease to said tenant, the tenant filed a complaint on August 1,
1985. He alleged that, pursuant to the Rent Stabilization Code the
petitioner was obligated to issue a renewal lease in his name. The owner,
through counsel, answered that the tenant was not using the apartment as
his primary residence and was not entitled to a renewal lease. The
Administrator found otherwise.
In its petition the owner claims that, prior to the issuance of the
Administrator's order a stipulation of settlement was entered into between
the parties. This settlement was so ordered by the Honorable Judge Peter
Tom, on April 19, 1986.
DHCR is bound to follow a so-ordered stipulation. Pursuant to this
settlement, the tenant has vacated the apartment. Accordingly, the
Commissioner revokes the Administrator's directive.
THEREFORE, in accordance with the provisions of the Rent Stabilization Law
and Code it is
ORDERED, that the petition herein be, and the same hereby is, granted and
that the Administrator's order be, and the hereby is, modified in
accordance with this Order and Opinion.