Unsigned Court Stipulation Had No Effect on DHCR Finding of No Overcharge
LVT Number: #33635
Rent-stabilized tenant complained to the DHCR of rent overcharge in 2020. She claimed that the $510 monthly rent she paid in September 2020 included an overcharge due to outstanding rent reduction orders and missing apartment registrations. The DRA ruled against tenant, finding that the $510 monthly rent was the collectible rent under the rent reduction orders. There was no overcharge, and the legal regulated rent and collectible rent were $1,301 under tenant's current lease.
Tenant appealed and lost. Tenant submitted a court stipulation from a housing court case where the court directed landlord to offer tenant a renewal lease in 2024 at a legal rent of $961 per month and to correct rent registration deficiencies. The DHCR found that it couldn't consider the stipulation since it wasn't submitted to the DRA. The stipulation submitted with tenant's PAR also wasn't signed by landlord's attorney or the judge in that case. So the stipulation had no weight anyway. If the tenant believes that landlord violated the court stipulation, he must go back to court to seek additional relief.
Addarich: DHCR Adm. Rev. Docket No. MU110012RT (2/11/25)[2-pg. document]
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