Tenant Bound by Prior Agreement

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Rent-controlled tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. Tenant claimed that the DRA should have calculated his rent from 1969, not from 1972. The DHCR ruled against tenant. Tenant and landlord, both represented by attorneys, had signed a settlement agreement in court in 1993 in which all rent overcharge claims were settled. Tenant was bound by the prior settlement agreement and couldn't raise a new overcharge claim for the same period before the DHCR.

Rodriguez: DHCR Adm. Rev. Dckt. No. PA420078RT (3/22/01) [2-pg. doc.]