Landlord Bound by Prior Decision

March 1, 1993

LVT Number: 6797

The DHCR ruled for tenant in a rent overcharge proceeding. The ruling was based on a prior DHCR decision, which landlord hadn't appealed. Landlord appealed the DHCR's ruling. Both the trial court and appeals court dismissed landlord's appeal. Landlord was properly barred from re-arguing the issue of the lawful rent for tenant's apartment. The lawful rent had been set in a 1986 ruling. Four subsequent determinations had upheld it

The DHCR ruled for tenant in a rent overcharge proceeding. The ruling was based on a prior DHCR decision, which landlord hadn't appealed. Landlord appealed the DHCR's ruling. Both the trial court and appeals court dismissed landlord's appeal. Landlord was properly barred from re-arguing the issue of the lawful rent for tenant's apartment. The lawful rent had been set in a 1986 ruling. Four subsequent determinations had upheld it

[Matter of Schur Management Co.: NYLJ, p. 29, col. 2 (2/22/93) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Rosenberger, Kupferman, JJ)].

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