Parties Can't Stipulate Collectible Rent Was Higher Than Rent Set by Rent Reduction Order
LVT Number: #31599
Rent-stabilized tenant complained of rent overcharge in 2017 based on a DHCR rent reduction order. The DRA ruled for tenant and noted that some overcharge refund or rent credit had been made by landlord. Tenant appealed, claiming that a full refund hadn't been made. The DHCR ruled for tenant. In a housing court proceeding where landlord and tenant were represented by attorneys, the parties agreed to freeze tenant's monthly rent at $1,300 until landlord obtained a rent restoration order from the DHCR. But the legal frozen rent under the rent reduction order was $1,150. As determined by several courts in other cases, the parties and/or their attorneys can't stipulate to a rent that was more than the rent set by the DHCR's rent reduction order. So the DRA's order was modified to reflect this correction.
Alvarez: DHCR Adm. Rev. Docket No. JO610030RT (7/30/21)[3-pg. document]