GA510476RT
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. GA510476RT
: DRO DOCKET NO. ZEB510336R
LIDIA GARCIA
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On January 14, 1992, the above-named petitioner-tenant timely
refiled a Petition for Administrative Review against an order issued
on November 8, 1991, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 564 West 188th Street, New York, New York, Apartment No.
5J, wherein the proceeding was terminated on the basis that the
tenant had withdrawn her overcharge complaint.
In this petition, the tenant stated that she never withdrew her
complaint. On July 7, 1992, the tenant stated in substance that any
statement withdrawing her complaint was not signed by her and was
fraudulent. On September 23, 1992, the tenant submitted an
affidavit in which she stated in substance that she had never
submitted the July 7, 1992 letter.
The Commissioner is of the opinion that this proceeding must be
remanded to determine, in view of the aforementioned inconsistent
statements, whether the tenant actually withdrew her overcharge
complaint and if so whether she now wants such complaint to be
considered on the merits or if the tenant never withdrew such
complaint and the withdrawal letter was a forgery. A hearing may be
held on this issue if warranted. It is noted that pursuant to
Section 2520.13 of the Rent Stabilization Code, an agreement by a
tenant to waive the benefit of any provision of the Rent
Stabilization Law or Code is void except 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 DHCR. In this matter, even if the
tenant at one time withdrew her complaint, such withdrawal does not
meet the requirements of Section 2520.13 so that the tenant can
rescind her withdrawal and have the overcharge complaint decided on
the merits. Therefore, if it is found that the tenant never
withdrew her complaint or wants to rescind her withdrawal which she
did on a timely basis by filing a petition for administrative
review, the tenant's original overcharge complaint should be
processed on the merits by the Rent Administrator.
GA510476RT
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, remanded to the Rent Administrator for further
processing in accordance with this order and opinion.
ISSUED
JOSEPH A. D'AGOSTA
Deputy Commissioner
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