BB 610050 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.: BB 610050 RO
DRO DOCKET NO.: ZAF 610245 RV
TENANT: NYDIA PELLET
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE APPEAL
On February 3, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
January 14, 1987 by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York concerning the housing accommodation
known as 1 East 198th Street, Apartment 3K, Bronx, New York
wherein the Administrator terminated the proceeding.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the administrative appeal.
The tenant commenced this proceeding on June 18, 1986 by filing a
complaint of owner failure to renew the lease, alleging that the
owner was attempting to overcharge.
A copy of the complaint was served on the owner on July 7, 1986.
In response, the owner stated that it was trying to correct an
inadvertent error that it had made in the previous lease.
On November 20, 1986, the tenant notified the Division that the
complaint had been resolved in court.
On January 14, 1987, the Administrator issued the order
terminating the proceeding.
In the appeal, the owner seeks to reverse the order and
reinstitute the proceeding. The owner contends that although the
parties stipulated to a settlement in court, the matter at issue
in the complaint had not been resolved. The stipulation
provision on which the owner relies states that the agreement is
without prejudice to the owner's right to apply for an increase.
BB 610050 RO
Although afforded the opportunity to do so, the tenant did not
The Commissioner is of the opinion that this petition should be
The Commissioner notes that as the initiator of the complaint,
the tenant had the right to withdraw it. Nothing in the
agreement prevented the tenant from so doing. The Commissioner
notes that the owner may apply for a rent increase if the facts
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and the Rent Administrator's order be, and the same hereby is,