Settlement Agreement Didn't Mention Overcharge Complaint

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $37,000, including triple damages. Landlord appealed, claiming that a prior settlement agreement resolved tenant's overcharge complaint. The DHCR ruled against landlord. Tenant's overcharge complaint was pending before the DRA when landlord and tenant signed the settlement agreement in court. The settlement agreement resolved a nonpayment case, but didn't mention the overcharge complaint. The fact that tenant paid back rent under the settlement agreement didn't mean that the overcharge wasn't willful.

Uptown Realty Operating Corp.: DHCR Adm. Rev. Dckt. No. SK410028RO (2/2/05) [3-pg. doc.]