Legal Term in Stip - Without Prejudice

[NODEAL]

My landlord took me to L&T court
seeking a rental increase while I had already
filed an Overcharge Complaint with DHCR
challenging that increase as an illegal overcharge.

The DHCR case was pending at the time of the L&T trial.

We reached a stipulation in L&T court that reads as so.


*****************************************************

“Case settled as follows:

Tenant agrees to pay $xxx.xx without prejudice to the rights
of either party until DHCR (docket number xx-xx-xx)
makes a determination as to correct rental.”

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I am understanding that in plain English,
this would translate as so.

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“Case settled as follows:

Tenant agrees to pay $xxx.xx,
which has not been determined by L&T Court
to be correct or incorrect,
until DHCR (docket number xx-xx-xx)
makes a determination as to the
correct Legal Rent for that apartment.”

*****************************************************

Is my interpretation correct or am I missing something here?

[TenantNet]

First, as to DHCR, one needs to separate two issues.

An OVERCHARGE complaint should be filed if the LL has charged, the tenant has actually paid and the LL has accepted an overcharge.

If the LL has put into the lease an illegal amount -- beyond that which is authorized by the RGB or a DHCR order -- then the tenant should file a lease complaint, not an overcharge complaint.

On your stip... the term "without prejudice" essentially means that DHCR can still back, make a decision on the merits of what you have raised in your complaint.

A stip means that (in this instance) that you have not gone to trial, there has been no decision by the court on the merits of the case.

If the stip has said "with prejudice," then DHCR would be precluded from making a decision as to those points raised in the DHCR complaint that were covered by the stipulation.

So while you have to pay $xxx right now to make the L&T case go away, DHCR could determine the issue either way as to any actual overcharge paid. At that time, then either party can appeal the DHCR order, or pay or collect as the order provides.

[NODEAL]

That was quite helpful tenantnet, thank you.

[luckyredpr]

I have a question regarding the following TenantNet comment:

"An OVERCHARGE complaint should be filed if the LL has charged, the tenant has actually paid and the LL has accepted an overcharge."

If a Tenant is paying a lower preferential rate during a time when the LL is falsely inflating the rent LRR with DCHR, how can the Tenant get that inflated rent corrected once preferential rent is revoked in favor of LRR. Assuming the LRR were falsely inflated more than four years ago, what is the recourse for the tenant?

Thank you.