DHCR Can Refuse to Enforce Court Settlement

September 30, 2006

LVT Number: 19180

Tenant complained of a rent overcharge. The DRA ordered a refund with triple damages. Landlord appealed and the DHCR dropped the triple damages. Landlord appealed again, claiming there was no overcharge. Landlord noted that tenant had signed a settlement agreement in court agreeing to a vacancy rent increase, after failing to sign two prior renewal leases. The court ruled against landlord. The court didn't approve the settlement agreement, and tenant wasn't represented by an attorney.

Tenant complained of a rent overcharge. The DRA ordered a refund with triple damages. Landlord appealed and the DHCR dropped the triple damages. Landlord appealed again, claiming there was no overcharge. Landlord noted that tenant had signed a settlement agreement in court agreeing to a vacancy rent increase, after failing to sign two prior renewal leases. The court ruled against landlord. The court didn't approve the settlement agreement, and tenant wasn't represented by an attorney. And the DHCR had the authority to refuse to enforce a settlement agreement that resulted from an eviction proceeding.

ATM Two LLC v. DHCR: NYLJ, 9/13/06, p. 24, col. 1 (Sup. Ct. Nassau; Lamarca, J)

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