Tenant Bound by Prior Court Stipulation

LVT Number: 11244

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord appealed and pointed out that in a prior court-approved stipulation tenant received a $4,000 rent abatement in exchange for an agreement to make all needed repairs himself. Tenant claimed that the stipulation didn't relate to the stove, one of the two items at issue before the DHCR. The DHCR ruled for landlord. While the two items at issue weren't specifically mentioned in the court stipulation, the stipulation was signed at the same time that tenant complained to the DRA.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord appealed and pointed out that in a prior court-approved stipulation tenant received a $4,000 rent abatement in exchange for an agreement to make all needed repairs himself. Tenant claimed that the stipulation didn't relate to the stove, one of the two items at issue before the DHCR. The DHCR ruled for landlord. While the two items at issue weren't specifically mentioned in the court stipulation, the stipulation was signed at the same time that tenant complained to the DRA. It was clear that tenant accepted responsibility to repair all outstanding items in the apartment at the time of the stipulation.

Rountry: DHCR Adm. Rev. Dckt. No. IF420253RO (10/7/96) [2-page document]

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