Building Bought from Receiver

(Decision submitted by Divya Srivastav of the Queens law firm of Horing & Welikson, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA requested rent history records dating back to April 1, 1980. Landlord argued that it had bought the building in February 1985 while the building was in receivership and had no prior records. The DRA found landlord in default and ruled that there was an overcharge. Landlord appealed. The DHCR found that, since landlord had bought the building while it was in receivership, landlord was responsible only for overcharges it had actually collected. The DHCR modified the DRA's order to specifically allocate the portion of overcharges collected by landlord. Any overcharges collected by landlord ended in October 1985 because the building became exempt from rent regulation for the period between November 1985 through October 1986 under a HUD order

[133-24 Sanford Ave. Realty: DHCR Adm. Rev. Dckt. Nos. GA 110121-RO, GA 110304-RT (2/9/93)]. 3-page document.