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. HL 410073 RO
ROTA HOLDING CORPORATION : DISTRICT RENT OFFICE
PETITIONER : DOCKET NO. EC410069R
------------------------------------X TENANT: MICHAEL LECHONZAK
ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
On December 8, 1993, the above-named owner filed a Petition for
Administrative Review (PAR) of an order issued on November 4, 1993
by the Rent Administrator concerning the housing accommodations
known as 329 West 55th Street, New York, New York, Apartment No.
1C, wherein the Administrator determined that an overcharge had
occurred.
This proceeding was commenced on March 5, 1990 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. By letter dated January 29, 1994,
the owner submitted a letter of withdrawal of the subject
proceeding. Enclosed therewith was a letter of discontinuance from
the tenant, which outlined the terms of the withdrawal and
settlement agreement between the tenant and the owner.
The Commissioner grants approval of the negotiated settlement
agreement insofar as the owner has reduced the rent to the lawful
stabilized rent of $410.82 per month for the period of September 1,
1992 to August 31, 1994.
DOCKET NO.: HL410073-RO
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
ORDERED, that this petition be, and the same hereby is, terminated
and that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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