New Landlord Liable

January 1, 2003

LVT Number: 16362

Tenant complained of a rent overcharge. Prior landlord answered the complaint. The DRA also sent new landlord notice of the complaint, and new landlord answered. The DRA ruled for tenant. New landlord appealed, claiming that it wasn't responsible for the refund of overcharges collected by prior landlord. The DHCR ruled against landlord. Under the Tenant Protection Regulations, as amended in December 2000, new landlord isn't liable if the building is bought at a judicial sale and ''no records sufficient to establish the legal regulated rent'' were provided at the sale.

Tenant complained of a rent overcharge. Prior landlord answered the complaint. The DRA also sent new landlord notice of the complaint, and new landlord answered. The DRA ruled for tenant. New landlord appealed, claiming that it wasn't responsible for the refund of overcharges collected by prior landlord. The DHCR ruled against landlord. Under the Tenant Protection Regulations, as amended in December 2000, new landlord isn't liable if the building is bought at a judicial sale and ''no records sufficient to establish the legal regulated rent'' were provided at the sale. As shown by the documents submitted to the DRA, new landlord did receive records sufficient to establish the legal regulated rent. So there was no exemption from overcharge liability for new landlord.

Schur Mgmt. Co., Ltd.: DHCR Admin. Rev. Dckt. No. HE910081RO (10/23/02) [6-pg. doc.]

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