New Landlord Not Responsible for Refund to Tenant

Tenant filed a fair market rent appeal in March 1984. She had moved into the apartment in 1979 and moved out in 1981. Landlord pointed out that it didn't buy the building until February 1983, after tenant had moved out. The DRA ruled for tenant, reduced the first stabilized rent of the apartment and ordered landlord to pay tenant a refund of $3,700. Landlord appealed and won. Under DHCR Policy Statement 93-1, in the absence of collusion or any relationship between landlord and prior landlords, where excess rent was collected from tenant before April 1, 1984, landlord is only responsible for what he collected. Since landlord didn't collect any rent from tenant, who moved out well before 1984, landlord didn't owe her any refund.

Time Equities: DHCR Adm. Rev. Dckt. No. AL-410670-RO (4/12/95) [3-page document]