Tenant Withdrew Rent Overcharge Complaint

Rent-stabilized tenant complained of rent overcharge. The DRA terminated the case after tenant withdrew his complaint. Tenant then filed a PAR, claiming that he never withdrew the complaint. The DHCR ruled against tenant. Tenant didn't deny that he signed a letter dated March 19, 2013. There was no proof that the letter was written by someone else, or was written under duress, or was somehow fraudulent. Landlord's managing agent witnessed the letter and, in exchange for withdrawing the complaint, tenant was let out of his lease and was refunded his security deposit, and landlord waived $3,900 in back rent owed by tenant. The fact that landlord, not tenant, submitted the letter to the DHCR wasn't significant and didn't indicate fraud. And since tenant's agreement with landlord gave tenant benefits not related to tenant's rights under rent stabilization, the DHCR had no basis to void the agreement. The DHCR noted that its decision didn't bar tenant from filing a new rent overcharge complaint.

D'Andrea: DHCR Adm. Rev. Docket No. BS410018RT (9/8/14) [3-pg. doc.]