In front of the Court of Appeals are two cases which outcomes may signal potentially enormous changes in how practitioners will practice landlord-tenant law. For determination is whether litigants must first go to the state Division of Housing and Community Renewal (DHCR) to hear their overcharge cases and whether such cases are amenable to class action treatment.

The First Department in Collazo v. Netherland Property Assets, 155 A.D.3d 538, found that rent overcharge should be determined before the DHCR in the first instance. The same judicial department in Maddicks v. Big City Properties, 163 A.D.3d 501, closely divided, declined to sustain the dismissal of prosecution of an overcharge action as a class action pre-answer. Although both cases came from the same judicial department, they are not necessarily in conflict, given the tough standards for “failure to state a cause of action,” as compared to dismissal of class prosecution later in the process. However, by entertaining both suits, the Court of Appeals is presented with the opportunity to identify any conflict and resolve it.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]