Court Won't Delay Eviction Case Pending Tenant's Overcharge Claim

(Decision submitted by Edward Baer of the Manhattan law firm of Borah Goldstein Altschuler & Schwartz, P.C., attorneys for the landlord.) Landlord didn't renew tenant's lease and sued to evict tenant after her lease expired. Tenant's first rent was $2,000 per month, so landlord claimed the apartment was deregulated. Tenant claimed a rent overcharge and asked the court to delay the eviction case while the DHCR decided her rent-overcharge complaint. The court ruled against tenant. Tenant didn't file any complaint claiming that she was subject to rent stabilization or that landlord didn't offer her a rent-stabilized renewal lease. So there was no reason to delay the eviction case, especially since the DHCR could take a long time to decide the rent-overcharge complaint.

Merit Mgmt. LLC v. Prangley: L&T Index No. 56458/98 (4/20/98) [5-page document]