No Overcharge Where Court Previously Approved Settlement

LVT Number: #29828

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. In a prior housing court eviction proceeding based on nonpayment of rent, landlord and tenant signed a settlement agreement so-ordered by the court, which stated that tenant's legal regulated rent was $1,100 per month and that tenant's rent issues were resolved. Tenant argued that she didn't raise rent overcharge in the nonpayment proceeding and hadn't waived her rights.

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Martinez: DHCR Adm. Rev. Docket No. FX210045RT (10/3/18) [2-pg. doc.]