Tenant Who Legally Withdrew His Complaint Can't Revive Claim

Rent-stabilized tenant complained of rent overcharge. The DRA terminated the proceeding based on tenant's November 2019 agreement with landlord to withdraw all pending DHCR complaints with prejudice. Tenant then filed a PAR, claiming that the DRA hadn't considered his timely submissions in October 2019 in response to the DRA's Request for Additional Information/Evidence (RFAI). The DRA had requested an additional two years of rent history records, to go back six years instead of four, after the HSTPA was enacted.

The DHCR ruled against tenant. Tenant's agreement with landlord was contained in a Stipulation of Settlement so-ordered by the Civil Court. So the DRA correctly found that tenant had withdrawn his complaint. 

Kasenchak: DHCR Adm. Rev. Docket No. IM410006RT (2/27/20) [1-pg. doc.]