Landlord Must Wait for Final DHCR Decision on Storage Space

Landlord sought a declaration from the court that it was no longer required to provide storage space for certain tenants. Tenants asked the court to dismiss the case. The court ruled for tenants. Landlord appealed and lost. Tenants had complained to the DHCR that landlord wasn't providing storage space, which they claimed was a required service. The DRA ruled for tenants. Landlord appealed. But since the DHCR hadn't yet decided landlord's PAR, and the DHCR has primary responsibility for deciding this kind of question, landlord must wait until the DHCR decides the case before seeking further court review of the issue.

150 Greenway Terrace, LLC v. Gole: NYLJ, 3/5/07, p. 39, col. 1 (App. Div. 2 Dept.; Schmidt, JP, Santucci, Krausman, Balkin, JJ)