Insufficient Proof That Tenants Withdrew DHCR Complaint

(Decision submitted by Manhattan attorney Sherief Gaber of Urban Justice Center Community Development Project, attorneys for the tenants.)

Tenants complained of a reduction in building-wide services based on various conditions. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord claimed that it had submitted proof that eight of the 11 tenants submitted letters withdrawing their complaints. Under Rent Stabilization Code (RSC) Section 2520.13, an agreement to waive any benefit of the Rent Stabilization Law is void, although a tenant represented by an attorney can withdraw a complaint, and a court or the DHCR can approve a negotiated settlement. But here there was no proof that tenants submitted the letters themselves or that any settlement otherwise complied with the RSC. 

91-95 East 18 Property LLC: DHCR Adm. Rev. Docket No. ET230007RO (2/14/17) [5-pg. doc.]