Tenant Can Raise Overcharge Claim in Court

LVT Number: 18583

Rent-stabilized tenant sued landlord for a rent overcharge in civil court. Landlord claimed that tenant's claim was a fair market rent appeal and so didn't belong in court. The court dismissed tenant's complaint, saying that tenant could file a complaint with the DHCR. Tenant appealed and won. Tenant was authorized by law to pursue an overcharge claim in court. And tenant's complaint was based on a claim of rent overcharge, not a fair market rent appeal.

Rent-stabilized tenant sued landlord for a rent overcharge in civil court. Landlord claimed that tenant's claim was a fair market rent appeal and so didn't belong in court. The court dismissed tenant's complaint, saying that tenant could file a complaint with the DHCR. Tenant appealed and won. Tenant was authorized by law to pursue an overcharge claim in court. And tenant's complaint was based on a claim of rent overcharge, not a fair market rent appeal.

Lirakis v. 180 Seventh Ave. Assocs. LLC: NYLJ, 12/14/05, p. 26, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Gangel-Jacob, JJ)