Tenant Can't Reopen Overcharge Claim She Withdrew Earlier

Rent-stabilized tenant complained of rent overcharge. The DRA later terminated the overcharge proceeding based on a letter from tenant's attorney stating that tenant agreed to withdraw the complaint based on a settlement agreement signed with landlord. Tenant's attorney stated that landlord's attorney would follow up, which he did by submitting a copy of the letter signed by tenant. Tenant's letter stated that she amicably settled all claims with landlord and wished to withdraw her complaint with prejudice.

Tenant appealed and lost. The day after the DRA issued its termination order on Jan. 23, 2020, tenant sent the DHCR a letter stating that she wasn't withdrawing her complaint. Tenant claimed that her lawyer pressured her into signing the settlement agreement. Later tenant's attorney sent the DHCR a notice of withdrawal of the PAR signed by tenant. But, in September 2020, tenant sent the DHCR another letter stating that because landlord refused to honor the settlement agreement signed on Jan. 17, 2020, she wasn't waiving or surrendering the rights she obtained in that agreement and that she wanted her PAR reinstated.

The DHCR ruled against tenant and terminated the PAR proceeding. Tenant's claim against landlord was unconvincing. Tenant must start a court action to enforce the terms of an agreement she claimed hadn't been followed. Tenant also didn't state any grounds to overturn the DRA's termination of the case based on the settlement. Tenant was represented by an attorney who advised the DHCR about the settlement and withdrawal of the overcharge claim with prejudice. Therefore, no approval of the settlement by the DHCR or a court was needed to validate withdrawal of tenant's overcharge complaint. 

Malliaros: DHCR Adm. Rev. Docket No. IN410013RT (10/19/20) [3-pg. doc.]