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 APPEAL
APPEAL OF DOCKET NO. DH410073RT
Carmen Smith, DISTRICT RENT OFFICE
DOCKET NO. ZDF410108R
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW AND
TO THE DISTRICT RENT ADMINISTRATOR
On August 8, 1989 the above-named petitioner-tenant filed an appeal
against the termination of her complaint of rent overcharge issued
on August 3, 1989 by the Rent Administrator, concerning housing
accommodations known as Apt. 1RE at 423 West 45th Street, New York,
New York, based on the purported withdrawal of her complaint.
The Commissioner has reviewed all of the evidence in the record in
this case, including a letter of withdrawal allegedly signed by the
tenant which was the basis for the Administrator's termination
On administrative appeal, the tenant asserts that the withdrawal
statement was apparently forged by the owner, that the only
document she signed stated only her acknowledgment of certain
repairs, that any other statement on that form must have been added
by the owner without the tenant's knowledge or consent, and that
there appears to be outright fraud by the owner.
By subsequent correspondence, the owner requested a hearing on this
matter and asserted that the tenant's petition for administrative
review should be rejected because the tenant had advised the owner
that she had no knowledge of the petition. In response to a notice
to the tenant from the DHCR dated March 23, 1993, the tenant
advised that she did not wish to withdraw her petition and that she
wished to have a determination of the case on the merits.
The Commissioner is of the opinion that this proceeding should be
remanded to the Rent Administrator for determination of the
tenant's substantive complaint.
Section 2520.13 of the Rent Stabilization Code provides, in
pertinent part, that an agreement by the tenant to waive the
benefit of any provision of the Rent Stabilization Code is void,
provided, however, that based upon a negotiated settlement between
the parties and with the approval of the DHCR, or a court of
competent jurisdiction where a tenant is represented by counsel, a
tenant may withdraw, with prejudice, any complaint pending before
The Commissioner finds that since the purported withdrawal by the
tenant was not in accordance with the statute, it is unenforceable.
Accordingly, the termination of the tenant's complaint by the
Administrator was erroneous. Therefore the proceeding is remanded
to the Rent Administrator for processing of the tenant's complaint
on the merits.
The tenant's allegation of fraud should be considered by the
Administrator on remand, and a hearing may be held on this issue,
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted;
that the Administrator's order be, and the same hereby is, revoked
and that the proceeding be and the same hereby is remanded to the
District Rent Administrator for further processing in accordance
with this order and opinion.
Joseph A. D'Agosta