Tenant's Rent Frozen Based on Rent Reduction Order

December 20, 2017

LVT Number: #28122

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,870, including interest. The DRA found an overcharge and froze tenant's rent based on a 2011 rent reduction order that remained in effect. Landlord appealed and lost, claiming that landlord and tenant had signed a settlement agreement in a housing court proceeding where tenant agreed to withdraw all complaints pending with the DHCR. But that agreement also called for landlord to make certain repairs in exchange, and tenant said that landlord didn't do so.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,870, including interest. The DRA found an overcharge and froze tenant's rent based on a 2011 rent reduction order that remained in effect. Landlord appealed and lost, claiming that landlord and tenant had signed a settlement agreement in a housing court proceeding where tenant agreed to withdraw all complaints pending with the DHCR. But that agreement also called for landlord to make certain repairs in exchange, and tenant said that landlord didn't do so. So the DRA correctly froze tenant's rent.

95th St. Corporation: DHCR Adm. Rev. Docket No. FM110063RO (10/26/17) [3-pg. doc.]

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