Tenant Bound by Prior Court Agreement

(Decision submitted by Nativ Winiarsky of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) New tenant sued landlord, claiming that she was subject to rent stabilization. The court ruled against tenant. At least 10 years earlier, prior tenants had gone on a rent strike. The case was settled by a court-ordered settlement agreement in which tenants acknowledged that the building had been substantially rehabilitated and wasn't subject to rent stabilization. Later, another tenant filed a complaint with the DHCR. The DRA ruled that the building was exempt based on the prior settlement agreement. That tenant appealed, and her PAR was pending when new tenant sued landlord in court. The court dismissed tenant's complaint in light of the passage of time, the prior court ruling, the interpretation of the law, and the limit on examination of the rent history going back more than four years before tenant's complaint.

Cecilia v. Irizarry: L&T Index No. 45561/99 (Civ. Ct. Kings 7/7/00; Wright, J) [3-pg. doc.]