Tenant Can Withdraw Rent Overcharge Complaint

LVT Number: #25029

Rent-stabilized tenant complained to the DHCR of rent overcharge but later withdrew her complaint. The DRA therefore terminated the proceeding. Landlord appealed and lost. Landlord claimed that, under Rent Stabilization Code Sections 2527.5 and 2525.6, the DHCR couldn't allow a complaint to be withdrawn after it was filed. Landlord wanted the DHCR to reopen the case and decide the overcharge claim on the merits. But nothing in the Rent Stabilization Code barred the DHCR from accepting tenant's withdrawal of her filed complaint. 

Rent-stabilized tenant complained to the DHCR of rent overcharge but later withdrew her complaint. The DRA therefore terminated the proceeding. Landlord appealed and lost. Landlord claimed that, under Rent Stabilization Code Sections 2527.5 and 2525.6, the DHCR couldn't allow a complaint to be withdrawn after it was filed. Landlord wanted the DHCR to reopen the case and decide the overcharge claim on the merits. But nothing in the Rent Stabilization Code barred the DHCR from accepting tenant's withdrawal of her filed complaint. 

660 Realty Co.: DHCR Adm. Rev. Docket No. BN610016RO (6/20/13) [2-pg. doc.]

Downloads

BN610016RO.pdf41.57 KB