Court Defers to DHCR

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant sued landlord in State Supreme Court, claiming a number of violations of the rent stabilization law, and that 79 of the building's 85 apartments were illegally withdrawn from the rental market and that landlord was overcharging tenants. Landlord asked the court to dismiss the case. With regard to the rent overcharge claim, the court noted that tenant had no standing to sue for a rent overcharge on behalf of other tenants. The court noted that it had the authority to decide tenant's own rent overcharge claim. But the court chose not to rule on the issue of a rent overcharge. The court found that tenant should bring his overcharge claim before the DHCR because the agency had ``the greatest expertise'' to decide that issue.

Saxe v. Edelman: Index No. 110204/96 (3/20/97) (Sup. Ct. NY; Saxe, J) [14-page document]