DL 610076 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. DL 610076 RO
: DISTRICT RENT ADMINISTRATOR'S
Time Equities, Inc., DOCKET NO. CC 610425 R
TENANT: James Simmons
ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING THE ADMINISTRATOR'S ORDER
On December 22, 1989, the above-named owner filed a petition for
administrative review of an order issued on November 30, 1991, by a
District Rent Administrator concerning the housing accommodations known
as 2865 University Avenue, Bronx, New York, Apartment No. C8, wherein
the Administrator determined that an overcharge had occurred.
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.
This proceeding was commenced on March 25, 1988 by the filing of an
overcharge complaint. In the order here under review, the Administrator
established the lawful stabilization rent for the subject apartment and
calculated the total overcharges (including treble damages) due the
tenant. The owner's petition for administrative review requested
modification of the Administrator's order.
Subsequently, the Division of Housing and Community Renewal (DHCR) was
advised by both parties that a settlement had been reached resolving all
disputed matters. A copy of the settlement agreement was included.
Accordingly, the owner requested withdrawal of its petition.
The Commissioner grants approval of the negotiated settlement agreement
insofar as it establishes the tenant's rent at $637.34 per month for the
period of September 1, 1992 to August 31, 1984. This amount is well
within the legal rent established by the Administrator.
However, to the extent that the stipulation purports to settle
DL 610076 RO
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 provisions of the Rent Stabilization
Law and Code, it is
ORDERED, that this petition be, and the same hereby is, terminated, and,
that the Administrator's order be, and the same hereby is, modified in
accordance with this order and opinion.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner