Tenant Can't Raise Overcharge Claim

(Decision submitted by Manhattan attorney Michael K. Brown, who represented the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed she'd been overcharged. Landlord argued that tenant couldn't use that defense in the nonpayment case because she'd already filed an overcharge complaint with the DHCR. The court ruled for landlord. Tenant can't raise an overcharge complaint in court because she'd already filed a rent overcharge complaint with the DHCR.

South 5th Street Assoc. v. Almonte: L&T Index No. 082471/94 (9/2/94) (Civ. Ct. NY; Stallman, J) [1-page document]