Court Can Decide Tenant's Claim

August 31, 1997

LVT Number: 11791

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord claimed that the DHCR, rather than the court, should decide that issue. The court ruled against landlord. The rent stabilization law gives either the DHCR or the courts the authority to decide rent-overcharge complaints. The court must decline only if tenant had filed a prior DHCR rent-overcharge complaint. Tenant had only filed a reduction-of-services complaint. So the court could decide tenant's overcharge claim.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord claimed that the DHCR, rather than the court, should decide that issue. The court ruled against landlord. The rent stabilization law gives either the DHCR or the courts the authority to decide rent-overcharge complaints. The court must decline only if tenant had filed a prior DHCR rent-overcharge complaint. Tenant had only filed a reduction-of-services complaint. So the court could decide tenant's overcharge claim.

Crowley v. Pennacchini: NYLJ, p. 22, col. 5 (8/27/97) (Civ. Ct. NY; Mills, J)

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