Housing Court Settlement Agreement Resolved Overcharge Claim

Rent-stabilized tenant complained of rent overcharge. In response, landlord showed that tenant had signed a settlement agreement in a housing court nonpayment case stating that tenant agreed to “settle any and all defenses, claims and counterclaims with prejudice, including but not limited to the warranty of habitability” in exchange for a $2,700 reduction in claimed rent arrears. The DRA ruled against tenant, finding that tenant had settled any overcharge claim in housing court. Tenant appealed and lost. Even though the court stipulation didn’t specifically refer to the pending DHCR overcharge case, it broadly covered all pending claims and actions by tenant against landlord, including the DHCR overcharge case.

Clarke: DHCR Adm. Rev. Docket No. EO210016RT (7/20/16) [4-pg. doc.]