ALJDEC

02F-L002002-BFS · Department of Building and Fire Safety · 2001-10-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 4, 2001. APPEARANCES: The Petitioner, Barbara Lasinsky, appear personally. The Respondents were represented by their attorney, Scott Williams, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. After the commencement of the scheduled hearing but prior to its conclusion, the parties announced that they had reached a settlement agreement. 2. The terms of the settlement agreement are as follows:

a) Respondent shall offer the Petitioner a one-year lease, effective as of August 1, 2001. b) Petitioner will pay the single-wide rental rate in the amount of $275.00 per month during the term of the said one-year lease. c) Petitioner has paid Respondent monthly rental payments in the amount of $325.00 for August, September and October 2001. Respondent agrees to give Petitioner a credit of $50.00 for each of those months, for a total credit of $150.00. That credit shall be applied to Petitioner’s November 2001 rent. d) The parties agree that the complaint in this matter should be dismissed.

3. The terms of the foregoing settlement appeared to be fair and reasonable under all the circumstances and the agreement was determined to be the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the dismissal of the Petitioner’s complaint filed with the Department of Building and Fire Safety.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Petitioner’s complaint in this matter be dismissed. Done this day, October 4, 2001

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Department of Building and Fire Safety N. Eric Borg, Director ATTN: Shawna Blank East Virginia, Suite 100 Phoenix, AZ 85004

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826