New Landlord Liable

April 1, 2000

LVT Number: 14009

Tenant filed a rent overcharge complaint with the DHCR in 1988 against prior landlord. While the case was pending, the building went into foreclosure and prior landlord went bankrupt. The DHCR issued a rent overcharge order against prior landlord in 1994 after new landlord bought the building. New landlord appealed the DRA's order. The DHCR ruled against new landlord. Tenant then sued new landlord to collect the overcharge. New landlord claimed that it wasn't liable for overcharges collected by prior landlord. The court ruled against landlord.

Tenant filed a rent overcharge complaint with the DHCR in 1988 against prior landlord. While the case was pending, the building went into foreclosure and prior landlord went bankrupt. The DHCR issued a rent overcharge order against prior landlord in 1994 after new landlord bought the building. New landlord appealed the DRA's order. The DHCR ruled against new landlord. Tenant then sued new landlord to collect the overcharge. New landlord claimed that it wasn't liable for overcharges collected by prior landlord. The court ruled against landlord. New landlord was on notice of tenant's complaint before it bought the building.

Luna v. Gjokaj: NYLJ, 3/15/00, p. 28, col. 1 (Civ. Ct. Bronx; Tolchin, J)

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