Case Settled in Court

April 1, 1999

LVT Number: 13143

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. The court ruled for landlord and sent the case back to the DHCR for further fact-finding. The DHCR appealed, pointing out that just before the decision was issued, landlord and tenant had settled tenant's DHCR overcharge claim in a court settlement agreement in a nonpayment case. The appeals court ruled for the DHCR. Since the overcharge issue had been settled in the nonpayment case, there was no reason to send the case back to the DHCR.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. The court ruled for landlord and sent the case back to the DHCR for further fact-finding. The DHCR appealed, pointing out that just before the decision was issued, landlord and tenant had settled tenant's DHCR overcharge claim in a court settlement agreement in a nonpayment case. The appeals court ruled for the DHCR. Since the overcharge issue had been settled in the nonpayment case, there was no reason to send the case back to the DHCR.

Central Queens Properties Corp. v. DHCR: NYLJ, p. 34, col. 3 (3/29/99) (App. Div. 2 Dept.; O'Brien, JP, Ritter, Thompson, Joy, JJ)

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