Prior Settlement Agreement Properly Disregarded

January 1, 2002

LVT Number: 15532

Tenant complained of a rent overcharge. The DHCR ruled for tenant and imposed triple damages for a willful overcharge. Landlord appealed, claiming that there was a court settlement agreement with prior tenant showing that the overcharge wasn't willful. The court and appeals court ruled against landlord. Landlord didn't show the settlement agreement to the DHCR or to the lower court, so it was properly disregarded by the appeals court. Landlord claimed that there were records in other DHCR cases that showed there was no willful overcharge.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and imposed triple damages for a willful overcharge. Landlord appealed, claiming that there was a court settlement agreement with prior tenant showing that the overcharge wasn't willful. The court and appeals court ruled against landlord. Landlord didn't show the settlement agreement to the DHCR or to the lower court, so it was properly disregarded by the appeals court. Landlord claimed that there were records in other DHCR cases that showed there was no willful overcharge. The court didn't agree and also stated that it wasn't the DHCR's responsibility to search other case files on its own when reviewing this case.

Miller v. DHCR: NYLJ, 12/6/01, p. 21, col. 3 (App. Div.1 Dept.; Rosenberger, JP, Nardelli, Mazzarelli, Wallach, Marlow, JJ)

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