Court Order Settled Rent Overcharge Claim Before DHCR Decided Case

Rent-stabilized tenant complaint of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that there was a fraudulent scheme to evade rent regulation and therefore the DHCR should look back more than four years to examine the apartment’s rent history.  But tenant’s rent had not increased since the base rent date, which was four years before tenant filed his complaint. And, in a housing court nonpayment proceeding decided before the DRA issued its order, tenant had signed a court-ordered settlement agreement and waived any rent overcharge claim. Particularly in light of the court order, there was nothing to indicate that the base date rent was unreliable. So there was no reason to examine the pre-base date rent history.

Regula: DHCR Adm. Rev. Docket No. DV210033RT (4/7/16) [3-pg. doc.]