Tenant Can't Raise Claim, Already Decided, After HSTPA Enacted

LVT Number: #30866

Tenant sued landlord for rent overcharge on July 25, 2019. Landlord argued that a court had dismissed tenant's prior rent overcharge claim in September 2018 and that tenant hadn't appealed that decision. Landlord said that the doctrine of collateral estoppel therefore barred tenant from raising the same claim in a new case. Landlord also argued that HSTPA couldn't be applied retroactively to allow tenant to bring the new action because tenant's overcharge claim wasn't "pending" on June 14, 2019.

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Nettles v. Westman Realty Co.: Index No. 157349/2019, 2020 NY Slip Op 31899(U)(Sup. Ct. NY; 6/18/20; Perry, J)