Landlord Bound by Prior Ruling of Rent Stabilization

August 31, 2006

LVT Number: 19102

Landlord sued to eject tenants from their apartment, claiming that tenants weren't subject to rent regulation. Tenants asked the court to dismiss the case and won. They claimed that a prior court ruling determined that they were rent stabilized. More than four years earlier, landlord had sued in housing court to evict tenants. At the time, landlord claimed that tenants were unregulated. The housing court dismissed the case, finding that the apartment was rent stabilized and that landlord had failed to state this in its termination notice to tenants.

Landlord sued to eject tenants from their apartment, claiming that tenants weren't subject to rent regulation. Tenants asked the court to dismiss the case and won. They claimed that a prior court ruling determined that they were rent stabilized. More than four years earlier, landlord had sued in housing court to evict tenants. At the time, landlord claimed that tenants were unregulated. The housing court dismissed the case, finding that the apartment was rent stabilized and that landlord had failed to state this in its termination notice to tenants. Landlord incorrectly claimed that the prior court ruling affected only the apartment status, and not whether tenants were rent stabilized.

Chelsea 23rd St. Corp. v. Cheng: NYLJ, 8/16/06, p. 22, col. 1 (Sup. Ct. NY; James, J)

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