DHCR to Decide Tenant's Claim

LVT Number: 9905

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for landlord and awarded it $5,425 in back rent. Tenant appealed. The appeals court ruled against tenant. Tenant had filed a rent overcharge complaint with the DHCR. So the trial court correctly ruled that the DHCR should decide tenant's claim.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for landlord and awarded it $5,425 in back rent. Tenant appealed. The appeals court ruled against tenant. Tenant had filed a rent overcharge complaint with the DHCR. So the trial court correctly ruled that the DHCR should decide tenant's claim.

M.A. Associates v. Seaton: NYLJ, p. 27, col. 6 (7/20/95) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)