DHCR to Decide Tenant's Claim

(Decision submitted by Matthew L. Gordon of the Yonkers law firm of Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., attorneys for the landlord.) Tenant sued landlord in court for a rent overcharge. Tenant was the first rent-stabilized tenant of the apartment. He claimed that landlord never sent or filed an initial registration (RR-1) form with the DHCR so his rent should be frozen at the amount of the last rent-controlled tenant's rent. Landlord sent and filed the RR-1 form in June 1997 after tenant started the court case. The court ruled against tenant. Tenant's complaint about the first stabilized rent constituted a fair market rent appeal. While either the DHCR or the court can decide a rent overcharge complaint, only the DHCR can rule on a fair market rent appeal. Tenant must file a complaint with the DHCR to get a ruling on this issue.

Fletcher v. Vasarhelyi: Index No. 16298/97 (3/26/98) (Civ. Ct. NY; Kornreich, J) [4-page document]