Prior Ruling Bars Tenant's Claim

After tenant died, his wife claimed that she was rent controlled. She said that she moved into the apartment with tenant in 1966. The DRA ruled against tenant, finding that she was instead rent stabilized. Tenant appealed and lost. In 2003, the DRA had ruled that the apartment was rent stabilized. No one appealed that decision. And the apartment had been registered from 2004 through 2009 as rent stabilized at an unchanged monthly rent. The agency's prior decision was binding, and the DHCR couldn't review the question a second time.

Garcia: DHCR Adm. Rev. Docket No. YF220044RT (9/16/11) [2-pg. doc.]