DH230045RO
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.: DH230045RO
DG230283RT
STATE LAFAYETTE COMPANY
RENT ADMINISTRATOR'S
DOCKET NO.: CK230064B
PETITIONER SJR 5679
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ORDER AND OPINION MODIFYING PRIOR ORDER OF THE COMMISSIONER
PURSUANT TO JUDGEMENT OF THE COURT
On February 14, 1991, the Commissioner denied two petitions for
administrative review of an order issued on July 7, 1989 by the
Rent Administrator, concerning the housing accommodations known as
950 East 14th Street, various apartments, Brooklyn, N.Y., one of
which was filed by the tenants on July 11, 1989 and one by the
owner on July 31, 1989.
Thereafter, the owner commenced an Article 78 proceeding
challenging the correctness of the Commissioner's order. By order
dated March 31, 1992, under Index No.10075/91 Judge Huttner granted
the owner's Article 78 petition to the extent of remanding the
proceeding to the Division for consideration of whether statements
of seventeen tenants, submitted to the court in the Article 78
proceeding, constitute withdrawal of those tenants from the
proceeding commenced under Docket No. CK230064B.
The Commissioner notes at the outset that the statements which were
attached to the court's order were signed by twelve and not
seventeen tenants. While all the statements are photocopies, some
are duplicates of others which may account for the difference in
the number. The statements attached to the court order are signed
by the following tenants:
Neil Apt 1M Obshatcko/ 6M Smith 1C
Kagampvsky 3P Picardi Strosberg 1H
Shapiro 2K Cumberbatch 3H Mocza 1F
Cuthill 3F Tsigelman 5B Ashkanozy 1P
Chulyakof 1D
DH230045RO
The statements with one exception, are undated, only the statement
of tenant Mocza is dated October 3, 1989. Assuming the others were
signed around the same time, the Administrator's order issued on
July 7, 1989 pre-dates these attempted withdrawals from the
proceeding.
Section 2520.13 of the Rent Stabilization Code in pertinent part
permits a tenant to withdraw any complaint which is pending before
the DHCR.
Since the proceeding was decided before the tenants' statements
were purportedly signed, the statements by tenants withdrawing from
the proceeding have no effect. A statement from a complaining
tenant withdrawing a complaint would be given effect only when
notice of the withdrawal has been given to the agency prior to the
issuance of the Administrator's order. Once an order is issued, a
withdrawal of the underlying complaint by certain tenants, based on
a settlement with the owner, has no effect.
THEREFORE, in accordance with the judgement of the court, it is
ORDERED, that the Commissioner's prior order and opinion issued on
February 14, 1991, denying tenants' and owner's petitions for
administrative review be, and the same hereby are, affirmed; and
it is
FURTHER ORDERED, that the statements signed by twelve tenants which
were referred to in the court order do not constitute withdrawal by
those tenants of their complaints under Docket No. CK230064B,
inasmuch as the Commissioner finds that the statements are either
undated or were signed after the issuance of the Administrator's
order on July 7, 1989.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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