Tenant's Claim Decided in Prior Court Case

November 1, 1999

LVT Number: 13636

Tenant complained of a rent overcharge. The DHCR ruled against tenant. Tenant appealed and lost. In an earlier eviction case based on tenant's nonpayment of rent, tenant had raised the same issues. In that case, tenant claimed that landlord overcharged him, didn't register his apartment annually, and didn't pay the annual rent registration fee to DHCR. The court had the authority to rule on these issues and had ruled against tenant. So tenant was barred from raising the same issues in a new case before DHCR.

Tenant complained of a rent overcharge. The DHCR ruled against tenant. Tenant appealed and lost. In an earlier eviction case based on tenant's nonpayment of rent, tenant had raised the same issues. In that case, tenant claimed that landlord overcharged him, didn't register his apartment annually, and didn't pay the annual rent registration fee to DHCR. The court had the authority to rule on these issues and had ruled against tenant. So tenant was barred from raising the same issues in a new case before DHCR.

Jenkins v. DHCR: NYLJ, p. 26, col. 5 (10/4/99) (App. Div.1 Dept.; Ellerin, PJ, Rosenberger, Nardelli, Mazzarelli, Andrias, JJ)

Topics

More like this