Court Dismisses Tenants' Overcharge and Improper Deregulation Claims

October 28, 2018

LVT Number: #29705

Tenants sued landlord for improper rent deregulation, fraud, and rent overcharge. Landlord asked the court to dismiss the complaint, arguing that the DHCR had primary jurisdiction to determine the issues raised by tenants. The court ruled for landlord. While the court had concurrent jurisdiction with the DHCR to determine the overcharge and regulatory issues, the DHCR could better address tenants' claims given its expertise. 

Tenants sued landlord for improper rent deregulation, fraud, and rent overcharge. Landlord asked the court to dismiss the complaint, arguing that the DHCR had primary jurisdiction to determine the issues raised by tenants. The court ruled for landlord. While the court had concurrent jurisdiction with the DHCR to determine the overcharge and regulatory issues, the DHCR could better address tenants' claims given its expertise. 

560-568 Audubon Tenants Ass'n v. 560-568 Audubon Realty: Index No. 154661/16, NYLJ No. 1537781152 (Sup. Ct. NY; 9/13/18; Jaffe, J)

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