Tenant Must Let DHCR Decide Issue Before Suing Landlord

April 9, 2007

LVT Number: 19435

Tenant sued landlord over a rent regulation question. Landlord asked the court to dismiss the case. Landlord claimed that the issue raised by tenant must be decided by the DHCR and tenant hadn't exhausted her remedies before the agency. The court ruled for landlord. Tenant appealed and lost. The issues raised by tenant in the court case should be decided by the DHCR. Once the DHCR made its ruling, tenant could appeal the agency's decision.

Tenant sued landlord over a rent regulation question. Landlord asked the court to dismiss the case. Landlord claimed that the issue raised by tenant must be decided by the DHCR and tenant hadn't exhausted her remedies before the agency. The court ruled for landlord. Tenant appealed and lost. The issues raised by tenant in the court case should be decided by the DHCR. Once the DHCR made its ruling, tenant could appeal the agency's decision.

Friscia v. Lem Lee 13th Limited Partnership: NYLJ, 2/5/07, p. 30, col. 2 (App. Div. 1 Dept.; Tom, JP, Andrias, Friedman, Catterson, Kavanagh, JJ)

Topics

More like this