Settlement Agreement Didn't Resolve Tenant's Overcharge Claim

Tenant complained of a rent overcharge in October 2006. She claimed that during the prior four years landlord collected rent from her and from DSS in a total amount that was more than the legal rent. The DRA ruled against tenant, finding that the amount of rent landlord billed tenant during that time was equal to the legal regulated rent. The DRA relied on a settlement agreement signed in housing court by landlord and tenant in October 2006, which stated that tenant owed landlord $900 through that date. Tenant appealed and asked the DHCR to review the documents she had submitted to the DRA. The DHCR ruled for tenant and sent the case back to the DRA for further consideration. Tenant's records show that landlord may have collected at least $2,000 more than the legal rent during the four-year period before tenant filed her complaint. The DRA must review landlord's and tenant's records in more detail to determine whether there was an actual overcharge. It also wasn't clear that the settlement agreement signed in court resolved the questions raised in tenant's DHCR complaint. Also, the DHCR wasn't a party to the court proceeding and wasn't bound by its terms.

Silva: DHCR Adm. Rev. Docket No. VF410045RT (10/2/07) [3-pg. doc.]