Tenant Bound by Court-Approved Settlement Agreement

LVT Number: 16540

Tenant complained of a rent overcharge. The DRA dismissed tenant's complaint because tenant had signed a court-approved settlement agreement which covered her overcharge claim. Tenant was represented by an attorney in the court case. Tenant appealed, claiming that the court settlement was illegal and that she was forced into signing it. The DHCR ruled against tenant. Tenant didn't file her complaint with the DHCR until seven months after she signed the court settlement agreement. And tenant never took any action to reopen the court case or to set aside the settlement agreement.

Tenant complained of a rent overcharge. The DRA dismissed tenant's complaint because tenant had signed a court-approved settlement agreement which covered her overcharge claim. Tenant was represented by an attorney in the court case. Tenant appealed, claiming that the court settlement was illegal and that she was forced into signing it. The DHCR ruled against tenant. Tenant didn't file her complaint with the DHCR until seven months after she signed the court settlement agreement. And tenant never took any action to reopen the court case or to set aside the settlement agreement.

Lavita: DHCR Adm. Rev. Dckt. No. RB220016RT (3/12/03) [2-pg. doc.]

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