Lease Termination Agreement Didn't Affect Tenant's Overcharge Complaint

LVT Number: 14172

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding there was a willful overcharge. Landlord was ordered to refund $43,000. Landlord appealed, claiming that tenant had signed a lease termination agreement in which she released landlord from any pending or future actions. Landlord claimed that this included the overcharge case. The DHCR ruled against landlord. The lease termination agreement didn't result in the withdrawal of tenant's overcharge complaint.

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding there was a willful overcharge. Landlord was ordered to refund $43,000. Landlord appealed, claiming that tenant had signed a lease termination agreement in which she released landlord from any pending or future actions. Landlord claimed that this included the overcharge case. The DHCR ruled against landlord. The lease termination agreement didn't result in the withdrawal of tenant's overcharge complaint. The agreement didn't refer to the overcharge case, and tenant stated that she didn't wish to withdraw the complaint. The terms of that agreement had nothing to do with the overcharge claim.

111-50 Realty Co.: DHCR Adm. Rev. Dckt. No. HC110060RO (3/1/00) [3-pg. doc.]

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