Tenant Didn't Waive Right to Pursue Overcharge Claim

May 31, 2001

LVT Number: 15051

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that tenant had waived the right to pursue his overcharge claim. The court and appeals court ruled against landlord. In a prior housing court case, landlord and tenant had agreed that tenant would receive a rent offset based on an alleged overcharge. Tenant wasn't represented by an attorney, didn't agree to withdraw his pending overcharge complaint, and there was no finding by the court that the rent charged was the legal rent.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that tenant had waived the right to pursue his overcharge claim. The court and appeals court ruled against landlord. In a prior housing court case, landlord and tenant had agreed that tenant would receive a rent offset based on an alleged overcharge. Tenant wasn't represented by an attorney, didn't agree to withdraw his pending overcharge complaint, and there was no finding by the court that the rent charged was the legal rent. So the DHCR properly found that there was no waiver by tenant.

Hampares v. DHCR: NYLJ, 5/24/01, p. 20, col. 4 (App. Div.1 Dept.; Nardelli, JP, Tom, Andrias, Rubin, Marlow, JJ)

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