FC 110358 RO
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. FC 110358 RO
: DISTRICT RENT ADMINISTRATOR'S
Spectra Tech. Mgt., Inc., DOCKET NO. CE 110025-R
TENANT: Zoraida Torres
Jose Alvarado
PETITIONER :
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ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
On March 28, 1991, the above-named owner filed a petition for
administrative review of an order issued on March 8, 1991, by the
District Rent Administrator concerning the housing accommodations known
as 35-07 90th Street, Jackson Heights, New York, Apartment No. B7,
wherein the Administrator determined that an overcharge had occurred.
This proceeding was commenced on May 4, 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
reversal of the Administrator's order based upon the owner's
renovations.
Subsequently, the owner advised the DHCR that the parties had reached
a settlement resolving all disputed matters. A copy of the settlement
agreement was included. Accordingly, the owner advised that it 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 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
FC 110358 RO
Law and Code, it is
ORDERED, that this petition be, and the same hereby is, terminated.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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