Tenant Can Withdraw DHCR Complaint and Sue Landlord in Court

LVT Number: #30870

Tenant sued landlord claiming improper, fraudulent apartment deregulation and rent overcharge. Tenant claimed that he was rent stabilized. Tenant had filed a complaint with the DHCR in March 2018 but later withdrew that complaint and filed his court complaint in November 2018. Landlord asked the court to dismiss the case, arguing that the DHCR had primary jurisdiction and that tenant was improperly forum-shopping.

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Badesch v. Fort 710 Assoc., LP: Index No. 160639/2018, 2020 NY Slip Op 31796(U)(Sup. Ct. NY; 6/9/20; Perry, J)