Settlement Agreement Void

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that tenant had signed a settlement agreement before the DRA ruled on the case and that this agreement was submitted to the DRA. The DRA didn't receive a copy of the settlement agreement. Landlord resubmitted it with its PAR. It was a letter agreement in which tenant agreed to a rent increase for a window installation and withdrew his complaint. The DHCR ruled that this withdrawal was void. There was no proof that it was based on a negotiated settlement between landlord and tenant, and with approval by the DRA or a court, and tenant was not represented by an attorney. In addition, a DHCR inspection had found missing cabinet drawers; needed kitchen sink repairs; roaches and vermin; and no carbon monoxide alarm in the apartment.

Monte Carlo, LLC: DHCR Adm. Rev. Docket No. UF710029RO (11/7/06) [2-pg. doc.]