Tenant Withdrew Fair Market Rent Appeal in Court Settlement

Tenant filed a fair market rent appeal. Landlord submitted a copy of a court settlement agreement in which tenant agreed to withdraw her complaint. The DRA ruled for tenant. Landlord appealed and won. Generally, a tenant can't waive the benefits of rent stabilization. But when there is a negotiated settlement before the DHCR or a court and an attorney represents tenant, tenant can withdraw a DHCR complaint. Here, tenant agreed to withdraw her fair market rent appeal as part of a settlement of a nonpayment case in housing court. The settlement was later incorporated into the terms of settlement in tenant's bankruptcy case. An attorney represented tenant in both court cases. And tenant's rent was reduced in the housing court settlement agreement.

S&F Ocean Realty Co.: DHCR Adm. Rev. Dckt. No. MB210007RO (1/9/01) [3-pg. doc.]