Tenant Got Prior DHCR Rent Cut

April 1, 1999

LVT Number: 13166

Tenant complained to the DHCR of a reduction in services. The DHCR ruled for tenant and reduced her monthly rent by $50. Tenant didn't appeal the DHCR's decision, but then withheld all rent. Landlord sued to evict tenant for nonpayment of rent. Tenant claimed she should get an additional rent abatement for breach of the warranty of habitability. The court ruled against tenant. Tenant had sought and gotten a ruling on the same service issues from the DHCR, which she didn't appeal. Tenant was barred from raising the same issue in a different case to seek a different result.

Tenant complained to the DHCR of a reduction in services. The DHCR ruled for tenant and reduced her monthly rent by $50. Tenant didn't appeal the DHCR's decision, but then withheld all rent. Landlord sued to evict tenant for nonpayment of rent. Tenant claimed she should get an additional rent abatement for breach of the warranty of habitability. The court ruled against tenant. Tenant had sought and gotten a ruling on the same service issues from the DHCR, which she didn't appeal. Tenant was barred from raising the same issue in a different case to seek a different result.

Demuro v. Hofstede: NYLJ, p. 33, col. 4 (3/18/99) (City Ct. Yonkers; Dickerson, J)

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