GA 410443 RT
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. GA 410443 RT
: DISTRICT RENT OFFICE
Stephen DeGennaro, DOCKET NO. EJ 410075 TC
OWNER: Aro Management
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 22, 1992, the above-named petitioner-tenant filed a Petition
for Administrative Review against an order issued on December 20, 1991,
by the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodation known as 427 East 89th Street,
New York, New York, Apartment No. M, wherein the Administrator
terminated the proceeding.
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.
The tenant commenced this proceeding on October 24, 1990 by a filing an
objection to the registration.
Subsequently, on December 10, 1991, the owner advised the Division that
pursuant to a negotiated so ordered stipulation of settlement dated
December 9, 1991, the tenant had agreed to withdraw his complaint with
prejudice.
In his appeal, the tenant requests that the Administrator's order be
reversed because although the owner alleged that various improvements
were accomplished in a legal manner by licensed personnel with issued
work permits, violations against these improvements had been issued by
the Buildings Department. The tenant stated also that he would seek to
have the Court vacate the settlement or renegotiate the rent.
In reply, the owner contends that the petition should be denied on the
grounds that the tenant entered into the stipulation freely and
voluntarily with the advice of counsel. The owner states that it had
cured the alleged violations, no work permits, by filing appropriate
applications. The owner notes further that the tenant failed to move to
vacate the stipulation of settlement.
The Commissioner is of the opinion that this petition should be denied.
GA 410443 RT
Section 2520.13 of the Rent Stabilization Code provides 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. The instant stipulation of settlement meets all the
requirements of Section 2520.12 i.e. the tenant was represented and the
settlement was so ordered by the court. Accordingly, the Commissioner
finds that the tenant's proper forum for vacatur of the stipulation of
settlement is a court of competent jurisdiction.
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, denied, and,
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
GA 410443 RT
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