DHCR Won't Reinstate Properly Withdrawn Complaint by Tenant

Rent-stabilized tenant complained that landlord hadn't given her a renewal lease. The tenant later wrote to the DHCR withdrawing her complaint, in response to a settlement agreement signed by tenant and her attorney with landlord in housing court. The court later issued an order in January 2020, which stayed execution of an eviction warrant provided tenant withdrew the DHCR complaint and paid back rent. The so-ordered agreement said that tenant then would be entitled to a renewal lease. The DRA issued an order in February 2020 terminating the renewal lease proceeding based on tenant's withdrawal.

Tenant appealed and lost. Tenant claimed that she was a disabled senior citizen and that her renewal lease complaint should be reinstated because she didn't receive a renewal lease after she complied with the court stipulation. But the DRA properly terminated the DHCR complaint based on tenant's withdrawal. Tenant must either address her claim to the court or file a new lease violation complaint with the DHCR. 

Fadlalla: DHCR Adm. Rev. Docket No. IO110021RT (9/1/20) [2-pg. doc.]