DHCR Won't Consider Settlement Agreement Tenant Didn't Send to DRA

January 28, 2020

LVT Number: #30579

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a rent overcharge of $15,357. But, since tenant hadn't paid rent from March 2015 to May 2016, the overcharge was offset by the rent arrears. The DRA found that the balance due to tenant was $170. Tenant appealed and lost. Tenant pointed out that, in a housing court case, landlord and tenant had signed a so-ordered settlement agreement by which landlord waived all rent arrears through March 2017. The DHCR wouldn't consider new evidence submitted by tenant for the first time on appeal.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a rent overcharge of $15,357. But, since tenant hadn't paid rent from March 2015 to May 2016, the overcharge was offset by the rent arrears. The DRA found that the balance due to tenant was $170. Tenant appealed and lost. Tenant pointed out that, in a housing court case, landlord and tenant had signed a so-ordered settlement agreement by which landlord waived all rent arrears through March 2017. The DHCR wouldn't consider new evidence submitted by tenant for the first time on appeal. The DRA had twice sent notices to tenant asking for updates on the housing court case, which tenant ignored. Tenant didn't give the DHCR a reasonable excuse for failing to respond to the DRA.

Turner: DHCR Adm. Rev. Docket No. HR210048RT (11/19/19) [2-pg. doc.]

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