the issue of mold in that housing court matter. Accordingly, the issues of harassment and
mold
are now res judicata. They may not formed part of this case.
The legal doctrine of res judicata not only bars the re-litigation of any claim
that have
been previously litigated to a valid judgment, but it also bars any claim that could have
been
raised in the prior litigation, though not raised. See Li v City of New York, 240 AD3d 832, 239 N.Y.S.3d 588
(2nd
Dept 2025).
The issue of Retaliatory eviction is very serious, resulting in the codification of
same.
RPL §223-b, prescribes:
No landlord of premises or units to which this section is applicable shall
serve a
notice to quit upon any tenant or commence any action to recover real property or
summary
proceeding to recover possession of real property in retaliation
for:
A
good faith complaint, by or in behalf of the tenant, to the landlord, the landlord's agent or
a
governmental authority of the landlord's alleged violation of any health or safety law,
regulation,
code, or ordinance, the warranty of habitability under § 235-B (Warranty of
habitability),
the duty to repair under sections seventy-eight, seventy-nine, and eighty of the multiple
dwelling
law or Multiple Residence Law § 174 (Repairs and cleanliness), or any law or
regulation
which has as its objective the regulation of premises used for dwelling purposes or which
pertains to the offense of rent gouging in the third, second or first degree;
or
(RPL §223-b[a]).
However, this law exempts certain premises, as RPL §223-b(6) directs:
This section shall apply to all rental residential premises except
owner-occupied
dwellings with less than four units. However, its provisions shall not be given effect in
any case