Trial Required

September 30, 1995

LVT Number: 9072

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge and a breach of the warranty of habitability. Landlord asked the court to dismiss the rent overcharge claim because tenant had already filed a rent overcharge complaint with the DHCR prior to landlord's nonpayment case. The court ruled that a trial must be held to determine tenant's claims regarding the breach of the warranty of habitability. But the court refused to consider the tenant's overcharge complaint.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge and a breach of the warranty of habitability. Landlord asked the court to dismiss the rent overcharge claim because tenant had already filed a rent overcharge complaint with the DHCR prior to landlord's nonpayment case. The court ruled that a trial must be held to determine tenant's claims regarding the breach of the warranty of habitability. But the court refused to consider the tenant's overcharge complaint. The DHCR, not the court, must decide the overcharge issue because tenant had filed his complaint with the DHCR before landlord brought its nonpayment case.

Graham Court Owners Corp. v. Allen: NYLJ, p. 22, col. 6 (8/17/94) (Civ. Ct. NY; York, J)

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