Tenant Already Settled Overcharge Claim in Housing Court

LVT Number: #23515

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant and dismissed his complaint. Tenant appealed and lost. Tenant had signed a settlement agreement in housing court in 2004, which waived any challenge based on rent overcharge. In that agreement, tenant agreed to the rent, and to the terms and conditions of his lease. In addition, the DHCR wasn't authorized to modify a court order. The DRA properly dismissed tenant's complaint.

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant and dismissed his complaint. Tenant appealed and lost. Tenant had signed a settlement agreement in housing court in 2004, which waived any challenge based on rent overcharge. In that agreement, tenant agreed to the rent, and to the terms and conditions of his lease. In addition, the DHCR wasn't authorized to modify a court order. The DRA properly dismissed tenant's complaint.

Teguegne: DHCR Adm. Rev. Docket No. ZA410044RT (6/29/11) [2-pg. doc.]

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