BI 410184 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.: BI 410184 RO
S.S.D.W. COMPANY, DRO DOCKET NO.: L 3117612 R
TENANT: JO-ANN WHITEHORN
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 31, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
July 27, 1987, by the Rent Administrator, 10 Columbus Circle New
York, New York, concerning the housing accommodations known as
115 East 87th Street New York, New York, Apartment No. 28B
wherein the Rent Administrator determined that the owner had
overcharged the tenant.
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 by the filing in March
1984 of a rent overcharge complaint by the tenant.
In answer to the tenant's complaint, the owner stated in substance
that the building was built in January 1975 but submitted no rental
history from that date to the occupancy of the complainant in
In Order Number CDR 40,032, the Rent Administrator determined that,
due to the owner's failure to submit a complete rental history, the
tenant had been overcharged in the amount of $15,243.91 and
directed the owner to refund such overcharge to the tenant as well
as to reduce the rent.
In this petition, the owner contends in substance that prior to the
issuance of the Rent Administrator's Order on July 27, 1987, the
owner and tenant had entered into a stipulation discontinuing
action on July 20, 1987 wherein in consideration for $10,000.00,
the tenant signed a general release withdrawing docket L 3117612 R.
Copies of the stipulation, general release with the tenant's
notarized signature and the face of a check payable to the tenant
in the sum of $10,000.00 were submitted along with the owner's
petition. The owner's petition was served on the tenant on
BI 410184 RO
November 27, 1987.
The tenant failed to interpose a response to the owner's petition.
The Commissioner is of the opinion that this petition should be
An examination of the record in this case discloses that after the
service of a notice of pending default on the owner dated May 28,
1987 but prior to the issuing of the order on July 27, 1987, the
owner and tenant entered into the stipulation discontinuing the
action. However, the Rent Administrator issued the order appealed
herein prior to the receipt of the stipulation. The tenant has not
contested the owner's contention that the docket filed by the
tenant in March 1984 was withdrawn on July 20, 1987.
Further a plan converting the subject premises to a non-eviction
coop was declared effective November 25, 1986 and it appears that
the subject apartment herein is no longer subject to the Rent
Stabilization Law and Code.
Accordingly, the owner's petition is granted due to the tenant's
withdrawal of the complaint prior to the issuance of the Rent
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner