HSTPA Choice of Forum Provision Doesn't Bar Court from Transferring Case to DHCR

LVT Number: #30512

Rent-stabilized tenant sued landlord for rent overcharge. The court ruled in June 2019 that the DHCR was in a better position to determine and calculate the amount of overcharge damage and that the case should therefore be transferred to the DHCR under the doctrine of primary jurisdiction. Tenant later made a motion to renew and asked the court to reconsider its decision.

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Dodos v. 244-246 E. 7th St. Invs., LLC: 2019 NY Slip Op 33475(U)(Sup. Ct. NY; 11/22/19; Freed, J)