Stuy Town Tenant Must Pursue Overcharge Claim Through Court, Not DHCR

Rent-stabilized tenant who lived in Stuyvesant Town complained of rent overcharge. The DRA dismissed the complaint based on a prior DHCR ruling that tenants who were subject to the court settlement in Roberts v. Tishman Speyer Properties must have their claims decided there. Tenant appealed and lost. Tenant claimed that he was never a deregulated tenant affected by the Roberts ruling. He moved into the apartment in 2011 and was claiming that landlord overstated the amount of individual apartment improvements done in the apartment. But the DHCR found that tenant was a member of the class of tenants bound by the court settlement because he hadn't opted out of that case.

Judge: DHCR Adm. Rev. Docket No. BV410005RT (8/19/14) [3-pg. doc.]