DHCR Can't Rule on Tenant's Retaliation Claim

Tenant complained that landlord didn't send her a proper renewal lease offer. Landlord claimed that it sent tenant a renewal lease offer although tenant claimed that she didn't receive it. Landlord then sent tenant a second offer and omitted a preferential rent provision that was in her prior lease. Tenant claimed that landlord discontinued her preferential rent in retaliation and that this violated Real Property Law Section 223-b(2). The DRA dismissed the case because tenant signed a renewal lease after filing her complaint. Tenant appealed and lost. The renewal lease tenant signed ultimately did contain a preferential rent provision. And the DHCR has no authority to determine violations of the Real Property Law.

Wolchek: DHCR Adm. Rev. Docket No. VL210041RT (8/29/08) [2-pg. doc.]