Subtenant Can't Raise Claim Already Decided by DHCR

December 1, 2010

LVT Number: #23069

Landlord sued to evict tenant for illegal subletting. The subtenant claimed illusory tenancy and said he was entitled to a rent-stabilized lease. The court and appeals court ruled against subtenant. Subtenant previously raised his illusory tenancy claim before the DHCR. The DHCR ruled against subtenant, who appealed the agency's decision and lost. Subtenant couldn't raise the same claim again in the eviction proceeding, since the issue already had been decided in the DHCR case.

Landlord sued to evict tenant for illegal subletting. The subtenant claimed illusory tenancy and said he was entitled to a rent-stabilized lease. The court and appeals court ruled against subtenant. Subtenant previously raised his illusory tenancy claim before the DHCR. The DHCR ruled against subtenant, who appealed the agency's decision and lost. Subtenant couldn't raise the same claim again in the eviction proceeding, since the issue already had been decided in the DHCR case.

Chang v. Prudhomme: NYLJ, 11/24/10, p. 31, col. 2 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)

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