Tenant Can't Ask DHCR to Vacate Court Stipulation

April 1, 1996

LVT Number: 10499

Tenant complained of a rent overcharge. The DHCR ruled against tenant and dismissed her complaint. Tenant appealed. The court ruled for tenant and sent the case back to DHCR for further consideration. DHCR appealed. The appeals court ruled for the DHCR and dismissed the case. Tenant and landlord had signed a court-ordered stipulation in which tenant's rent was set at $550 per month. Tenant and the DHCR were bound by this stipulation. If tenant believed that the stipulation was invalid, she should have appealed to the court.

Tenant complained of a rent overcharge. The DHCR ruled against tenant and dismissed her complaint. Tenant appealed. The court ruled for tenant and sent the case back to DHCR for further consideration. DHCR appealed. The appeals court ruled for the DHCR and dismissed the case. Tenant and landlord had signed a court-ordered stipulation in which tenant's rent was set at $550 per month. Tenant and the DHCR were bound by this stipulation. If tenant believed that the stipulation was invalid, she should have appealed to the court.

Garcia v. DHCR: NYLJ, p. 28, col. 3 (3/25/96) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Nardelli, Williams, JJ)

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