Landlord Can't Collect Back Rent from Tenants' Successor

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Landlord claimed that tenant owed a statutory rent increase. Tenant claimed that landlord couldn’t collect the rent increase because it didn’t send tenant an RN-26 form. Landlord claimed that it sent the notice to prior rent-controlled tenants and didn’t know that they had passed the apartment on to tenant. The court ruled for tenant and dismissed the case. Tenant showed that landlord did know that prior tenants had moved out. Landlord started eviction proceedings against prior tenants in 1993 and 1995, claiming nonprimary residence. At the time, tenant claimed pass-on rights. Landlord dropped both cases, and tenant remained in the apartment. Tenant repeatedly sent landlord documents after that showing that he had pass-on rights. But landlord still sent prior tenants the RN-26 form.

Congregation Kahal Minchas Chinuch v. Drucker: NYLJ, 3/18/09, p. 27, col. 3 (Civ. Ct. NY; Schneider, J)