Prior Agreement Didn't Bar Decision on Landlord's PAR

Tenant filed a fair market rent appeal. The DRA ruled for tenant, and landlord appealed. As a result of landlord's PAR, the case was sent back for further processing. The amount of excess rent found to be due and owing to tenant was reduced. Tenant appealed, claiming that landlord had agreed in a prior DHCR harassment proceeding to a specific rent level lower than that ordered in the DRA's new determination of the fair market rent appeal. Tenant argued that since landlord had agreed to the lower rent, it shouldn't have been allowed to appeal the initial determination of tenant's fair market rent appeal. The DHCR ruled against tenant. Landlord filed a timely PAR on the fair market rent appeal. The agreement in question stated that the agreed-upon rent was subject to lawful adjustment by the DHCR.

Carey: DHCR Admin. Rev. Dckt. No. HF110072RT (4/12/96) [3-page document]