Issues Decided in Prior Case

Tenant complained of a rent overcharge. The DHCR ruled against tenant. Tenant appealed, claiming that landlord improperly collected MCI rent hikes. The court and the appeals court ruled against tenant. The tenant association, of which tenant was a member, had challenged the MCI rent hikes in a prior case. The association signed a settlement agreement concerning the MCI hikes. Landlord later sued tenant for nonpayment of rent. Tenant argued that landlord had collected improper MCI rent hikes. The housing court ruled for landlord, finding that tenant was bound by the settlement agreement in the MCI case. Tenant then brought the overcharge complaint. But the issues were already decided. There was no overcharge.

Schachter v. DHCR: NYLJ, 1/27/05, p. 31, col. 3 (App. Div. 2 Dept.; Schmidt, JP, Adams, Cozier, Miller, JJ)