Rent Reduction Order Revoked Based on Court Settlement

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent after DHCR inspection found a leak-stained kitchen ceiling. Landlord appealed and won. Landlord pointed out that on the same day that the DRA issued its rent reduction order, landlord and tenant signed a settlement agreement in court where tenant agreed to withdraw the service reduction complaint. Tenant's attorney then sent a letter to the DRA advising that the complaint was withdrawn based on the court settlement. Rent Stabilization Code Section 2520.13 provides that a tenant may withdraw any complaint pending before the DHCR based on a negotiated settlement between the parties and with approval by the DHCR. And such withdrawal can be made even at the PAR level after a DRA ruling has been issued. So the DHCR revoked the DRA's rent reduction order based on the court-ordered settlement agreement and attorney letter.

1431 Flatbush LLC: DHCR Adm. Rev. Docket No. GV210040RO (10/25/19) [2-pg. doc.]