Nonpayment Case Delayed Pending DHCR Overcharge Ruling

April 1, 1996

LVT Number: 10494

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and after obtaining an attorney asked the court for permission to amend its answer to landlord's petition. Tenant wished to withdraw its pending overcharge complaint before the DHCR in order to raise the overcharge issue before the court. Landlord argued that tenant had already chosen to raise the overcharge issue before the DHCR, that landlord had already filed an answer in the DHCR case, and that tenant couldn't withdraw its DHCR complaint without DHCR's permission.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and after obtaining an attorney asked the court for permission to amend its answer to landlord's petition. Tenant wished to withdraw its pending overcharge complaint before the DHCR in order to raise the overcharge issue before the court. Landlord argued that tenant had already chosen to raise the overcharge issue before the DHCR, that landlord had already filed an answer in the DHCR case, and that tenant couldn't withdraw its DHCR complaint without DHCR's permission. The court ruled for tenant on this issue, stating that it would delay the nonpayment case until the DHCR issued an order permitting tenant to withdraw its overcharge case. If the DHCR didn't permit tenant to do so, the court said it would ask the DHCR for a quick decision on the overcharge issue.

100 Mosholu Pkwy. Assocs. v. Hughes: NYLJ, p. 26, col. 6 (3/13/96) (Civ. Ct. Bronx; Thomas, J)

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