Tenants Must File Complaint with DHCR

April 1, 1996

LVT Number: 10509

Tenants sued landlord for not maintaining building services. The court ruled that it would delay taking any action until tenants filed a complaint with the DHCR and got an order from the agency. Tenants appealed, claiming this wasn't enough. The appeals court ruled for tenants in part. A prior DHCR order directed landlord to provide elevator operators. Landlord wasn't doing so. The court ruled that landlord must comply with the DHCR's prior order while tenants raised this issue and additional service complaints before the DHCR.

Tenants sued landlord for not maintaining building services. The court ruled that it would delay taking any action until tenants filed a complaint with the DHCR and got an order from the agency. Tenants appealed, claiming this wasn't enough. The appeals court ruled for tenants in part. A prior DHCR order directed landlord to provide elevator operators. Landlord wasn't doing so. The court ruled that landlord must comply with the DHCR's prior order while tenants raised this issue and additional service complaints before the DHCR.

Nasaw v. Jemrock Realty Co.: NYLJ, p. 26, col. 5 (3/18/96) (App. Div. 1 Dept.; Wallach, JP, Nardelli, Williams, Mazzarelli, JJ)

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