Tenants Can Reopen Overcharge Claim Based on HSTPA Choice of Forum Provision

LVT Number: #30422

Tenants sued landlord for rent overcharge. In September 2018, the court granted landlord's request to dismiss the complaint because the DHCR had concurrent jurisdiction and the court found that "the issues raised in this proceeding are particularly suited to resolution by DHCR, which has expertise in these matters." Tenants filed a notice of appeal but didn't file claims with the DHCR.

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560-568 Audubon Tenants Assn v. 560-568 Audubon Realty, LLC: 2019 NY Slip Op 29285 (Sup. Ct. NY; 9/12/19; Jaffe, J)