Court Must Take Back Dismissed Rent Overcharge Case After Collazo Ruling

Tenant sued landlord, claiming improper deregulation and rent overcharge. Tenant claimed that he was rent stabilized. Landlord asked the court to dismiss the case, arguing that the DHCR had primary jurisdiction over the claims raised by tenant. The court ruled for landlord in June 2019, and instructed tenant to proceed with his complaint to the DHCR. Tenant later sought to renew his claim before the court and asked the court to reconsider. HSTPA amended the rent stabilization law in June 2019 to specify that tenants had a choice of forum in rent overcharge matters. And in April 2020, New York's highest court ruled, in Collazo v. Netherland Property Assets LLC, that if a tenant's choice of forum is Supreme Court, the court can't dismiss the action by relying on the doctrine of primary jurisdiction. So, the court can't dismiss tenant's case, the court's prior ruling was vacated, and the parties were ordered to appear for a preliminary conference in September 2020.

Williams v. Daphne Realty Corp.: Index No. 155186/2018, 2020 NY Slip Op 31466(U)(Sup. Ct. NY; 5/21/20; Perry, J)