Tenant Needn't Pursue DHCR Case

(Decision submitted by Manhattan attorney Kenneth B. Hawco, who represented the tenant.) Tenant complained of a rent overcharge. Her rent was $3,000 per month. Landlord claimed the apartment was no longer rent stabilized due to luxury deregulation. Tenant then notified DHCR that she was withdrawing her overcharge complaint. The DRA ruled for tenant and terminated the case without ruling on the merits. Landlord appealed, claiming that tenant planned to bring a court case based on the same overcharge claim. Landlord claimed this would result in duplicate costs and that tenant had already chosen to pursue her complaint before the DHCR. The DHCR ruled against landlord. Tenant can bring an overcharge complaint either before the DHCR or the court. The DHCR can't force tenant to pursue her case before the agency.

200 First Ave. Assoc.: DHCR Adm. Rev. Dckt. No. QH410035RO (4/11/03) [2-pg. doc.]