New Landlord Not Liable

June 30, 1997

LVT Number: 11568

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant filed a fair market rent appeal challenging her initial rent of $300 per month. The DRA ruled for tenant and reduced the initial rent to $279.57 per month. This resulted in an overcharge of $2,000. New landlord appealed, claiming that tenant had moved out before it bought the building. New landlord never collected any rent from tenant, and so it claimed it shouldn't be responsible. The DHCR ruled for landlord.

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant filed a fair market rent appeal challenging her initial rent of $300 per month. The DRA ruled for tenant and reduced the initial rent to $279.57 per month. This resulted in an overcharge of $2,000. New landlord appealed, claiming that tenant had moved out before it bought the building. New landlord never collected any rent from tenant, and so it claimed it shouldn't be responsible. The DHCR ruled for landlord. Since landlord never collected any rent from tenant, it would cause undue hardship to landlord to enforce the general rule making current landlord responsible for overcharges collected on or after April 1, 1984.

Kingswood Mgmt. Corp.: DHCR Adm. Rev. Dckt. No. DH110184RO (2/28/97) [2-page document]

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