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. GG410136RO
Richard W. McCabe,
District Rent Administrator's
Docket No. AI410134R
Tenant: John W. Ewadinger
ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
On July 27, 1992, the above-named owner filed a petition for
administrative review of an order issued on June 25, 1992 by a District
Rent Administrator concerning the housing accommodations known as 3
Gramercy Park West, Apartment ground floor front, New York, New York
wherein the Administrator determined that the owner had overcharged the
Subsequently, the owner advised the Division of Housing and Community
Renewal (DHCR) that it wished to withdraw its petition for
administrative review base on a settlement with the tenant.
Also received by DHCR was a communication from the tenant which
confirmed the fact that a settlement has been reached between the
parties. In the tenant's letter, he stated "... the owner has fully
satisfied the terms of the June 25, 1992 Order."
The Commissioner approves the owner's application to withdraw its
petition for administrative review. However, the settlement agreement
will not be binding on future tenants. Accordingly, the legal regulated
rent established by the Administrator in Docket No. AI410134R remains in
full force and effect.
To the extent that the agreement 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.
JOSEPH A. D'AGOSTA