STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE Administrative Review
APPEAL OF Docket No. DC410341RO
April Credit Corp., District Rent Administrator's
Docket No. L3115642RT
Premises: 248 West 105th St.,
Apt. 4C
New York, NY
PETITIONER
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ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
On March 29, 1989, the above-named owner filed a Petition for
Administrative Review against an order issued on February 23, 1989, by
a Rent Administrator, wherein the Administrator determined that the
tenant had been overcharged.
The owner subsequently advised that the parties had entered into a
settlement, and that pursuant thereto, the owner wished to withdraw its
petition.
The Commissioner is of the opinion that this administrative appeal
should be terminated based on the owner's withdrawal. The Commissioner
notes that the rights of future tenants pursuant to the Administrator's
order remain unaffected by this settlement.
To the extent that the settlement may deal with refunding overcharges or
settling arrearages, the Commissioner notes that this is a contractual
matter between the parties, not within the purview of the Rent
Stabilization Law and Code and not subject to the jurisdiction of the
DHCR.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, terminated.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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