Overcharge Settled Before Rent Administrator Ruled on Claim

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to answer the complaint. The DRA directed landlord to refund $57,000, including triple damages. Landlord appealed and won. Landlord claimed that both it and tenant had been represented by attorneys, they had settled the case before the DRA issued a ruling, and tenant had agreed to withdraw the complaint. Landlord claimed that tenant's attorney was supposed to advise the DRA. The DHCR said tenant's attorney wrote a letter to the DHCR shortly after the DRA's order was issued, confirming that the case had been settled and requesting that the DRA's decision be vacated. Tenant also filed no opposition to landlord's PAR.

Hillmark Realty LLC: DHCR Adm. Rev. Docket No. UI410024RO (11/2/06) [2-pg. doc.]