Court Reinstates Tenant's Overcharge Claim After Collazo Decision

Tenant sued landlord for rent overcharge. The court dismissed the case without prejudice in January 2020 and instructed tenant to refile the overcharge claim with the DHCR. In April 2020, tenant sought to renew her overcharge claim in court because there had been a change in the law. In Collazo v. Netherland Prop. Assets LLC, New York's highest court ruled in April 2020 that HSTPA provided that both the courts and DHCR had "concurrent jurisdiction" over overcharge claims, "subject to the tenant's choice of forum[.]" 

The court ruled for tenant. The Collazo Court's interpretation of Part F, Sections 1, 3 of the HSTPA effects a change in the law that would change the court's prior ruling in this case. Under Collazo, if tenant's choice of forum is State Supreme Court, that court may not dismiss the action and refer it to the DHCR by relying on the doctrine of primary jurisdiction. Tenant's case was restored to the court's calendar for a preliminary conference. 

Streb v. Whistlepig Assoc., Inc.: Index No. 160707/2017, 2020 NY Slip Op 31489(U)(Sup. Ct. NY; 5/21/20; Perry, J)