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. DI410331RO
Sam Kiva,
DISTRICT RENT OFFICE
DOCKET NO. BL510309R
PETITIONER PREMISES:
------------------------------------X 540 Manhattan Ave. 2K
ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
On September 27, 1989, the above-named owner filed a Petition for
Administrative Review against an order issued on September 7, 1989,
by a Rent Administrator, wherein the Rent Administrator determined that
the tenant had been overcharged.
The owner subsequently advised that the parties had entered into a so-
ordered stipulation of settlement in New York County Civil Court,
Housing Part, Index No. LT1074/93 on September 22, 1993, and that
pursuant thereto, the owner wished to withdraw his petition.
The Commissioner is of the opinion that this administrative appeal
should be terminated based on the owner's withdrqwal. 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 stipulation purports to settle 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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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