New Landlord Must Credit Tenant for Security Deposit

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $239. Tenant appealed. Tenant claimed that new landlord didn't acknowledge the existence of any security deposit when it sent tenant a renewal lease. Tenant's mother was prior tenant and had paid a $595 security deposit to prior landlord. Tenant got the apartment through a successful succession rights claim. New landlord claimed that it didn't receive the security deposit from prior landlord. The DHCR ruled for tenant. Tenant showed that prior tenant had paid the security deposit and there was no proof that the security deposit was refunded at any time to tenant's mother.

Donaldson: DHCR Adm. Rev.Docket No. UL610024RT (4/3/07) [5-pg. doc.]