Tenant's Withdrawal of Complaint Invalid

LVT Number: 15666

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $11,500 to tenant. Landlord appealed, claiming that tenant had signed a general release form agreeing to withdraw his rent overcharge complaint. The DHCR ruled against landlord. Rent Stabilization Code Section 2520.13 states that an agreement by tenant to waive any benefits under rent stabilization is void unless the DHCR or a court approves a negotiated settlement. The code also states that a tenant represented by an attorney can withdraw a DHCR complaint.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $11,500 to tenant. Landlord appealed, claiming that tenant had signed a general release form agreeing to withdraw his rent overcharge complaint. The DHCR ruled against landlord. Rent Stabilization Code Section 2520.13 states that an agreement by tenant to waive any benefits under rent stabilization is void unless the DHCR or a court approves a negotiated settlement. The code also states that a tenant represented by an attorney can withdraw a DHCR complaint. In this case, tenant wasn't represented by an attorney, later revoked his withdrawal, and no negotiated settlement was approved by the DHCR.

Sydney: DHCR Admin. Rev. Dckt. No. PC210009RO (1/4/02) [2-pg. doc.]

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