Court Rules Tenant Should File Overcharge Claim with DHCR

LVT Number: #30311

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. Landlord asked the court to dismiss the case and argued that the DHCR should determine tenant's claims under the primary jurisdiction doctrine. Tenant claimed that the apartment was last registered with the DHCR in 2002 when the monthly rent was $382, and that individual apartment improvements (IAIs) costing nearly $90,000 would have been needed to lawfully deregulate the apartment during vacancy. Tenant also claimed that no such IAIs were completed and that overcharges totalled in excess of $84,000.

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Williams v. Daphne Realty: Index No. 155186/2018, NYLJ No. 1562056946 (Sup. Ct. NY; 6/21/19; Perry, J)