Tenant Never Approved Settlement Agreement

LVT Number: 13463

Tenant complained of a rent overcharge. Landlord claimed that tenant had withdrawn her complaint as part of a court settlement. Tenant then denied that she had approved that agreement. The DRA ruled for tenant and landlord appealed, again claiming the case had been settled. The DHCR ruled against landlord. The agreement to withdraw the complaint was signed by tenant's attorney but not by tenant and wasn't ''so-ordered'' by any court. Tenant claimed immediately that she hadn't authorized her attorney to sign the agreement and hadn't even seen it. So this agreement wasn't binding.

Tenant complained of a rent overcharge. Landlord claimed that tenant had withdrawn her complaint as part of a court settlement. Tenant then denied that she had approved that agreement. The DRA ruled for tenant and landlord appealed, again claiming the case had been settled. The DHCR ruled against landlord. The agreement to withdraw the complaint was signed by tenant's attorney but not by tenant and wasn't ''so-ordered'' by any court. Tenant claimed immediately that she hadn't authorized her attorney to sign the agreement and hadn't even seen it. So this agreement wasn't binding.

Mott: DHCR Adm. Rev. Dckt. No. HE710045RO (4/2/99) [2-pg. doc.]

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