No Overcharge Where Court Previously Approved Settlement

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. In a prior housing court eviction proceeding based on nonpayment of rent, landlord and tenant signed a settlement agreement so-ordered by the court, which stated that tenant's legal regulated rent was $1,100 per month and that tenant's rent issues were resolved. Tenant argued that she didn't raise rent overcharge in the nonpayment proceeding and hadn't waived her rights. But the DHCR found that the court stipulation determined the legal rent and wasn't merely a case where tenant and landlord agreed upon a rent. Tenant also was represented by an attorney in the court proceeding. It didn't matter that the specific legal issue before the court wasn't rent overcharge.

Martinez: DHCR Adm. Rev. Docket No. FX210045RT (10/3/18) [2-pg. doc.]