Tenant's Overcharge Claim Was Resolved in Prior Court Proceeding

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. In response, landlord showed that tenant had raised these claims in a prior nonpayment proceeding that landlord had commenced against tenant in housing court. Both sides were represented by attorneys and the overcharge and deregulation claims had been settled in that proceeding. Based on this information, the DRA terminated tenant's overcharge proceeding.

Tenant appealed and lost. In his PAR, tenant claimed that landlord illegally decontrolled his apartment by filing false affidavits and certifications. But tenant and his attorney settled all such claims against landlord in the court stipulation of settlement. Among other things, the parties agreed to the amount of rent arrears to be paid and that tenant would move out of the apartment. 

Ahmed: DHCR Adm. Rev. Docket No. MQ410021RT (12/9/24)[3-pg. doc.]