DHCR Properly Rejected Portion of Settlement Agreement

March 1, 1999

LVT Number: 13036

Tenants complained to the DHCR of harassment by landlord. The DHCR ruled for tenants and imposed a fine on landlord. New landlord later signed a settlement agreement with tenants, calling for a lifting of the DHCR's harassment finding as of the date the fine was paid. The DHCR accepted the settlement agreement but wouldn't apply it retroactively as agreed upon by new landlord and tenants. Landlord appealed, claiming that this was unreasonable. The court and appeals court ruled against landlord.

Tenants complained to the DHCR of harassment by landlord. The DHCR ruled for tenants and imposed a fine on landlord. New landlord later signed a settlement agreement with tenants, calling for a lifting of the DHCR's harassment finding as of the date the fine was paid. The DHCR accepted the settlement agreement but wouldn't apply it retroactively as agreed upon by new landlord and tenants. Landlord appealed, claiming that this was unreasonable. The court and appeals court ruled against landlord. New landlord hadn't proved that the conditions that led to the harassment finding no longer existed as of the date the fine was paid.

1504 Assocs. v. Roldan: NYLJ, p. 27, col. 2 (2/11/99) (App. Div. 1 Dept.; Williams, JP, Wallach, Tom, Mazarelli, JJ)

Topics

More like this