DHCR, Not Court, to Decide Tenant's Claim

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant sued landlord and asked the court to decide that tenant was rent stabilized. Tenant also claimed that landlord had collected a rent overcharge. Landlord claimed that tenant was exempt from rent stabilization because of substantial rehabilitation of the building. Landlord asked the court to dismiss the case. Tenant claimed that landlord had submitted fraudulent documents to the DHCR in 2000 in connection with landlord's deregulation claim. The court ruled for landlord, dismissing the case. But the court said that tenant could raise her claims before the DHCR. The court said that the DHCR should decide the questions raised by tenant, since it had primary authority over questions of rent stabilization coverage and rent overcharge.

Friscia v. Lem Lee 13th Limited Partnership: Index No. 108123/05 (1/31/06) [1-pg. doc.]