Prior Housing Court Agreement Didn't Bar Tenants' Complaint

LVT Number: 12039

Tenants complained of a reduction in required services. The DHCR ruled for tenants, and landlord appealed and won. The court said that a prior court agreement barred tenants' complaint. The DHCR and tenants appealed. The appeals court reversed and ruled for the DHCR and tenants. DHCR's ruling was reasonable and the prior court agreement didn't bar tenants from later filing a complaint with the DHCR based on reduction in services. The Rent Stabilization Law permits this remedy ''in addition to'' any other remedy provided by law.

Tenants complained of a reduction in required services. The DHCR ruled for tenants, and landlord appealed and won. The court said that a prior court agreement barred tenants' complaint. The DHCR and tenants appealed. The appeals court reversed and ruled for the DHCR and tenants. DHCR's ruling was reasonable and the prior court agreement didn't bar tenants from later filing a complaint with the DHCR based on reduction in services. The Rent Stabilization Law permits this remedy ''in addition to'' any other remedy provided by law. And tenants couldn't give up future rights to file a DHCR complaint in a court stipulation. This would be against public policy.

Delano Village v. DHCR: NYLJ, p. 22, col. 1 (12/26/97) (Murphy, PJ, Sullivan, Tom, Mazzarelli, Colabella, JJ)