DHCR Must Correct Landlord's Name on 1987 Overcharge Order

September 30, 2010

LVT Number: #22905

Tenant sued the DHCR, seeking an order correcting the name of the landlord on an amended 1987 rent overcharge order. She claimed that "Company" must be added to the name R&M Realty to permit her to convert the prior order to an enforceable judgment. The DHCR had previously corrected the order but omitted "Company" by mistake. The court ruled for tenant and found that her time to enforce the amended overcharge order hadn't expired.

Tenant sued the DHCR, seeking an order correcting the name of the landlord on an amended 1987 rent overcharge order. She claimed that "Company" must be added to the name R&M Realty to permit her to convert the prior order to an enforceable judgment. The DHCR had previously corrected the order but omitted "Company" by mistake. The court ruled for tenant and found that her time to enforce the amended overcharge order hadn't expired. Since tenant sought an order substituting landlord's complete name for the incomplete name listed in the 1987 amended order, this was a ministerial act that didn't affect the rights of landlord or tenant in the original proceeding.

Kane v. DHCR: Index No. 109504/10, NYLJ 1202471775876 (Sup. Ct. NY; Edmead, J; 8/31/10)

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