Receiver Not Liable for Overcharge Collected by Prior Landlord

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord receiver appealed, claiming that he shouldn't be held liable for any overcharges collected prior to his management of the building. The DHCR ruled for landlord in part. In this case, the receiver couldn't get records from prior landlord. And the DHCR has ruled in other cases that a receiver should be treated as a current owner who purchased the building at a judicial sale. The receiver isn't liable for any part of the overcharge collected since taking over the building.

Tulip: DHCR Adm. Rev. Dckt. No. JB410189RO (4/12/96) [4-page document]