DHCR, Not Court, Must Decide Issue

Facts: The treasurer of a building's tenant association sued new landlord, claiming that landlord wasn't providing required services under rent stabilization. The treasurer sued on behalf of other tenants and herself individually. Landlord asked the court to dismiss the case, arguing that the treasurer didn't have standing to make her claims and that the court couldn't decide the issue of required services. Court: Landlord wins. As treasurer, tenant couldn't sue landlord over the service issue. And she didn't claim that she wasn't receiving certain services. She made the claim on behalf of other tenants who weren't parties to the lawsuit. And deciding what qualified as required services under the rent laws was a determination to be made by the DHCR, not the courts.

Dee v. PWV Acquisition LLC: NYLJ, 1/12/01, p. 27, col. 3 (Sup. Ct. NY; Tolub, J)