Tenant Can Withdraw Complaint While PAR Pending

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant in 1988. Landlord appealed. While the PAR was pending, tenant submitted a letter to the DHCR in 1992 withdrawing his rent overcharge complaint. The DHCR ruled for landlord based on tenant's withdrawal. The DHCR noted that a prior court decision had permitted another tenant to withdraw an overcharge complaint after the DRA determined the lawful rent and a PAR was filed.

Urban Assocs.: DHCR Adm. Rev. Dckt. No. DA410087RO (10/11/96) [1-page document]