Regulated tenants are free to file complaints against their landlords with the State Division of Housing and Community Renewal (DHCR) -- the state agency entrusted with the administration and enforcement of rent regulation.
However, once a complaint has been filed with the DHCR, courts are usually reluctant to interfere with that administrative process (until the agency's review and appeal procedures have been completed).
In Friscia v. Lem Lee 13th Ltd. Partnership, while DHCR review was underway, the tenant filed a lawsuit with the New York County Supreme Court seeking a judicial declaration of her rights.
The Supreme Court granted the landlord's motion to dismiss the case citing the tenant's failure to "exhaust her administrative remedies." On appeal, the Appellate Division, First Department, viewed the dismissal as appropriate in light of the dispute's pendency before the DHCR:
Inasmuch as the issues raised entail factual determinations in areas within the expertise of the Division of Housing and Community Renewal (DHCR), the motion court properly concluded that judicial review of these matters, if necessary, should await plaintiff's exhaustion of her administrative remedies .... A declaratory judgment action is not properly utilized to strip DHCR of its primary jurisdiction ....
If nothing else, Friscia reinforces that premature evaluations are discouraged.
For a copy of the Appellate Division's decision, please use the following link: Friscia v. Lem Lee 13th Ltd. Partnership