Landlord Bought Building After PAR Order Issued

Landlord asked the DHCR if it was responsible for refunding excess rent paid by tenant after the DHCR ruled on tenant's fair market rent appeal. Landlord had bought the building after the DHCR had decided a PAR on the issue, but before the time to file a court case challenging the DHCR's decision had expired. New landlord didn't file the court case. In an opinion letter, the DHCR said that new landlord is considered a party to a fair market rent appeal if the building is sold before the issuance of a DRA order deciding the case. Since landlord bought the building after issuance of the DRA's order and the PAR, it wouldn't be considered a party to the proceeding and wasn't liable for refunding any rent to tenant.

DHCR Opin. Ltr. by Charles Goldstein (8/10/99) [2-pg. doc.]