Employee of Landlord's Managing Agent Authorized to Sign Application

(Decision submitted by Joshua G. Losardo of the Manhattan law firm of Belkin Burden Wenig & Goldman LLP, attorneys for the landlord.) Landlord applied for a high-rent/high-income deregulation of tenant's apartment. Tenant asked the DRA to dismiss the application. Tenant said the application was signed by a person as managing agent on behalf of the building owner. But tenant argued that this person wasn't the building's designated managing agent and, therefore, wasn't authorized to start the proceeding. The DRA ruled against tenant and found that landlord's application was properly filed. Tenant appealed and lost. The Rent Stabilization Code defines a building owner to include ``any other person or entity receiving or entitled to receive rent'' or ``an agent'' of that person or entity. Landlord's application identified the building owner and listed a real estate company as its managing agent. This company was listed on DHCR rent registration records as the building's managing agent. The person who signed the application was employed by the real estate company. Landlord also had submitted a written statement signed by owner's president authorizing this person to file the application on owner's behalf.

Samco Properties: DHCR Adm. Rev. Docket No. UK410015RT (2/21/07) [8-pg. doc.]