Tenant Waived Right to Pursue Overcharge Claim

Tenant complained of a rent overcharge. The DRA ruled against tenant and dismissed the complaint. In a prior court-ordered settlement agreement, tenant had agreed in 1988 to withdraw his pending overcharge complaint. Tenant appealed, claiming that he didn't agree to waive his overcharge claim. The DHCR ruled against tenant. Tenant was part of a group of tenants who complained that their building had been converted from hotel stabilization to rent stabilization. They sought various rent reductions. Tenants who agreed to waive overcharge claims received a 6 percent reduction of their 1984 rents. Landlord couldn't produce a copy of any waiver signed by tenant. But rent history records showed that tenant's rent was reduced by 6 percent in 1984. So landlord proved that tenant waived his right to pursue his overcharge claim.

Andresakis: DHCR Adm. Rev. Dckt. No. OH410049RT (9/14/04) [5-pg. doc.]