GD 410065 RO
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. GD 410065 RO
: DISTRICT RENT ADMINISTRATOR'S
Frank Pizzaia, DOCKET NO. 2DL 410069 R
TENANT: Diana S. Kline
ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
On April 6, 1992, the above-named owner filed a petition for
administrative review of an order issued on March 18, 1992, by the
District Rent Administrator concerning the housing accommodations known
as 627 East Sixth Street, New York, New York, Apartment No. 6, wherein
the Administrator determined that an overcharge had occurred.
This proceeding was commenced on December 6, 1989 by the filing of an
overcharge complaint. In the order here under review, the Administrator
established the lawful stabilization rent for the subject apartment and
calculated the total overcharges (including treble damages) due the
tenant. The owner's petition for administrative review requested
reversal of the Administrator's order based upon the owner's
Subsequently, the Division of Housing and Community Renewal (DHCR) was
advised by both parties that a settlement had been reached resolving all
disputed matters. A copy of the settlement agreement was included.
Accordingly, the owner requested withdrawal of its petition.
The Commissioner is of the opinion that the request for withdrawal
should be granted. The rent agreed to in the settlement conforms to the
legal stabilized rent established by the Administrator.
However, 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.
THEREFORE, in accordance with the provisions of the Rent Stabilization
Law and Code, it is
GD 410065 RO
ORDERED, that this petition be, and the same hereby is, terminated.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner