Nonpayment Case Delayed While DHCR Decides Tenant's Overcharge Claim

April 25, 2018

LVT Number: #28355

Landlord sued to evict unregulated tenant for nonpayment of rent. A year before landlord sued tenant, tenant had filed a rent overcharge complaint with the DHCR, claiming that he was improperly deregulated. Tenant asked the DHCR to expedite its case, but the DHCR declined because it was waiting for New York's highest court to rule on issues concerning high-rent vacancy deregulation. So tenant asked the court to delay the nonpayment proceeding until the DHCR decided the overcharge case.

Landlord sued to evict unregulated tenant for nonpayment of rent. A year before landlord sued tenant, tenant had filed a rent overcharge complaint with the DHCR, claiming that he was improperly deregulated. Tenant asked the DHCR to expedite its case, but the DHCR declined because it was waiting for New York's highest court to rule on issues concerning high-rent vacancy deregulation. So tenant asked the court to delay the nonpayment proceeding until the DHCR decided the overcharge case. The court ruled for tenant, finding that it should defer to the DHCR's expertise in determining high-rent vacancy deregulation.

170 Irving Avenue LLC v. Attalia: Index No. 73496/17, NYLJ No. 1518767386 (Civ. Ct. Kings; 1/23/18; Poley, J)

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