FILING OF COMPLAINT WITH DHCR DID NOT WARRANT A STAY
After a landlord served a notice of a non-renewal upon a regulated tenant (alleging that she did not primarily reside in the apartment in question), the latter filed a complaint with the Division of Housing and Community Renewal [DHCR] -– the state agency with oversight of residential units subject to the rent laws.
When a summary holdover proceeding was later filed by the owner, the tenant pointed to the pending agency complaint, and sought and secured a stay of the holdover from the New York County Civil Court.
On appeal, the Appellate Term, First Department, noted that since the governing regulations provide that such disputes are to be heard be a “court of competent jurisdiction,” any stay of the Civil Court litigation, pending agency review, was viewed as “improper,” and the case was remanded to the Civil Court for “further proceedings.”
There was no holding that holdover ….
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DECISION