Tenant Was Compensated for Loss of Space

Rent-stabilized tenant complained that four years earlier, landlord had substantially reduced the size of his apartment by taking away the bedroom. At that time, landlord and tenant signed an agreement stating that landlord paid tenant $4,000 in cash and $3,500 in rent abatement in exchange for tenant's loss of the bedroom. The DRA dismissed tenant's complaint, and tenant appealed. Tenant claimed that landlord had forced him into signing the agreement and threatened him with eviction. Landlord claimed that tenant had voluntarily signed the agreement. The DHCR denied tenant's PAR. Tenant didn't waive any right under rent stabilization since he was paid for the reduction in space. Tenant also waited a long time to claim that the agreement was coercive, making it hard for landlord to respond. If tenant hadn't agreed voluntarily to the space reduction, landlord could have asked the DHCR for permission to do so.

[Bernstein: DHCR Adm. Rev. Dckt. No. BH 410290 RT (11/25/92)]. 4-page document.