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 SJR No. 4356
IN THE MATTER OF THE ADMINISTRATIVE Administrative Review
APPEAL OF Docket No. GC 410324 RO
Cesar Homes Corp., District Rent Administrator's
d/b/a JCT Management, Docket No. EG 410022 RP
Tenant: Guy Bauman (Estate of)
PETITIONER
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ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
On March 31, 1992, the above-named owner filed a petition for
administrative review of an order issued on February 25, 1992 by a
District Rent Administrator concerning the housing accommodations known
as 236 East 77th Street, Apartment No. 3, New York, New York wherein the
Administrator affirmed a prior Administrator's order which found that
the owner had collected excess rent from the tenant.
Subsequently, the owner advised the Division of Housing and Community
Renewal (DHCR) that it wished to withdraw its petition for
administrative review pursuant to a so-ordered stipulation of settlement
entered into by the owner and the representatives of the tenant's
estate. Both parties were represented by counsel. The stipulation
stated that the owner would withdraw its petition for administrative
review, and the tenant would withdraw the underlying fair market rent
appeal.
The Commissioner is of the opinion that this petition for administrative
review should be terminated.
The Commissioner approves the owner's application to withdraw its
petition for administrative review. However, the stipulation of
settlement will not be binding on future tenants. Accordingly, the
legal regulated rent established by the Administrator in Docket No. L
3110446 T remains in full force and effect.
To the extent that the stipulation 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.
The owner is advised that a copy of this order is being sent to the
current tenant.
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.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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