FB 620221 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
----------------------------------X S.J.R. 5730
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FB 620221 RO
MBD COMMUNITY HOUSING CORPORATION,
D.R.O. DOCKET NO.: ZCJ 620417 R
PETITIONER
----------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On February 20, 1991, the above named petitioner-owner filed a
Petition for Administrative Review against an order issued on
January 15, 1991, by the District Rent Administrator, 92-31 Union
Hall Street, Jamaica, New York, concerning housing accommodations
known as Apartment D3, 1490 Crotona Park East, Bronx, New York.
On March 8, 1991, the Commissioner dismissed the owner's petition
as being untimely filed.
Subsequent thereto, the owner filed a petition in the Bronx
County Supreme Court pursuant to Article 78 of the Civil Practice
Law and Rules seeking to set aside the Commissioner's order.
On June 18, 1991 the proceeding was remitted to the Division of
Housing and Community Renewal (DHCR) pursuant to a stipulation of
settlement.
The issue in this appeal is whether the District Rent
Administrator's order was warranted.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the administrative appeal.
This proceeding was commenced on September 22, 1988 by the
tenant's filing of a rent overcharge complaint.
On March 28, 1989 the tenant informed DHCR that she had settled
her complaint with the landlord in court and requested that her
complaint be dropped.
In Docket Number ZCJ 620417 R issued January 15, 1991, the
District Rent Administrator determined that the Maximum
Collectible Rent for the subject apartment was $132.02 effective
January 1, 1986.
FB 620221 RO
In this petition, the owner contends, inter alia, that the
District Rent Administrator's order is incorrect and should be
revoked because the tenant, who was represented by counsel,
agreed to withdraw her overcharge complaint on February 15, 1989
in the Bronx County Housing Court pursuant to a "so ordered"
stipulation of settlement. In support of this contention, the
petitioner submitted a copy of the above-mentioned stipulation of
settlement.
The tenant did not submit a response to this petition.
The Commissioner is of the opinion that this petition should be
granted.
A review of the record in the instant case indicates that the
parties settled this matter in court prior to the issuance of the
Administrator's order. Accordingly, the Administrator's order
must be revoked.
THEREFORE, in accordance with the New York City Rent and
Evictions Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted
and the District Rent Administrator's order be, and the same
hereby is, revoked.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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