Successor Tenant Waived Claim for Renewal Lease

Rent-stabilized tenant's family member claimed pass-on rights and complained to the DHCR that landlord refused to give him a renewal lease. Landlord had instead given new tenant a vacancy lease. The DRA ruled for tenant, finding that he was entitled to a renewal lease instead of a vacancy lease. Landlord appealed, and pointed out that in a Dec. 18, 2012, housing court stipulation, tenant had agreed to withdraw all claims raised in his DHCR complaint. Tenant objected, claiming that landlord failed to comply with other terms of the court stipulation and that he didn't want to withdraw his claims before the DHCR. The DHCR ruled for landlord and terminated the PAR proceeding. Tenant was represented by an attorney in the housing court case and had agreed to withdraw all claims pending before the DHCR. The DHCR didn't have the authority to modify a court-ordered stipulation of settlement. So the DRA's decision in tenant's favor must be revoked.

178th Street Realty Corp.: DHCR Adm. Rev. Docket No. ZG610012RO (6/14/13) [2-pg. doc.]