Landlord Didn't Prove Settlement of Complaint

Tenant complained of a reduction in services. An inspection confirmed there was illegal wiring. The DRA reduced tenant's rent, and landlord appealed. Landlord claimed, as it had to the DRA, that tenant had withdrawn his complaint by written agreement. Landlord submitted for the first time an unsigned copy of that agreement. The DHCR denied landlord's PAR. Landlord didn't submit a signed agreement to the DRA, even though given an opportunity to do so. A $200 check made payable to tenant as part of the agreement was also suspect; the check was dated two months before the agreement, signed on the back in a handwriting that didn't look like tenant's, and endorsed for ``full settlement of the court agreement.'' It appeared that the check may have been paid in connection with another proceeding.

[Janoff & Olshan: DHCR Adm. Rev. Dckt. No. BI 210243-RO (11/25/92)]. 2-page document.