Tenant Claims Rent Stated on Lease Wasn't Valid

Rent-stabilized tenant asked the DHCR to remove the legal rent from his lease because it was "not valid" and replace it with the preferential rent also stated in the lease. The DHCR ruled against tenant and rejected his claim that the registered rent wasn't valid. The DRA set the legal rent for the two-year lease period commencing Dec. 1, 2004, as the rent stated on the lease and registration. Tenant didn't appeal the DRA's decision. Later, tenant again asked the DHCR to remove the legal rent from his lease and replace it with the preferential rent. The DHCR ruled against tenant, who appealed and lost. The court and appeals court found that tenant had a full and fair opportunity to raise this issue in the prior proceeding. The issue had been decided and couldn't be relitigated by a new complaint even though tenant now claimed that his initial 1993 lease was fraudulent.

D'Alessandro v. DHCR: NYLJ, 2/6/12, p. 19, col. 5 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Catterson, Renwick, Roman, JJ)