Owner Responsible for Refunding Fair Market Rent Appeal Award

March 1, 2008

LVT Number: #20256

Tenant sued landlord to enforce a DHCR refund order issued in a fair market rent appeal proceeding. Tenant sued both B-U Realty Corp. and Paul Bogoni d/b/a Biju Realty Company. Biju Realty Company claimed that it wasn’t an owner and asked the court to dismiss the case against it. The court ruled against landlord. Landlord appealed and lost. Landlord didn’t raise this issue while the case was pending before the DHCR. And a business certificate shows that Bogoni transacts business under the name Biju Realty Company. So the court properly awarded judgment against both entities.

Tenant sued landlord to enforce a DHCR refund order issued in a fair market rent appeal proceeding. Tenant sued both B-U Realty Corp. and Paul Bogoni d/b/a Biju Realty Company. Biju Realty Company claimed that it wasn’t an owner and asked the court to dismiss the case against it. The court ruled against landlord. Landlord appealed and lost. Landlord didn’t raise this issue while the case was pending before the DHCR. And a business certificate shows that Bogoni transacts business under the name Biju Realty Company. So the court properly awarded judgment against both entities. The court also awarded attorney’s fees to tenant.

Panos v. B-U Realty Corp.: NYLJ, 2/20/08, p. 36, col. 2 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)

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