Tenant Can Make Claim Against Federal Receiver

December 1, 1994

LVT Number: 9311

Federal receiver sued tenant for nonpayment of rent. Tenant claimed he'd been overcharged since his lease began, which was five months before the receiver was appointed. Tenant asked the court to dismiss the nonpayment case and decide his overcharge claim. Receiver argued that tenant couldn't claim an overcharge because he never got permission to do so from the federal court that had appointed receiver. The court ruled for tenant, in part. Federal law no longer requires a tenant to get permission from a federal court to make a claim against a federal receiver.

Federal receiver sued tenant for nonpayment of rent. Tenant claimed he'd been overcharged since his lease began, which was five months before the receiver was appointed. Tenant asked the court to dismiss the nonpayment case and decide his overcharge claim. Receiver argued that tenant couldn't claim an overcharge because he never got permission to do so from the federal court that had appointed receiver. The court ruled for tenant, in part. Federal law no longer requires a tenant to get permission from a federal court to make a claim against a federal receiver. But the case can't be dismissed because tenant didn't prove that he'd paid the rent before the receiver was appointed. Tenant will have to argue the overcharge claim at trial.

Rosenberg v. Perez: NYLJ, p. 29, col. 4 (11/30/94) (Civ. Ct. Kings; Gould, J)

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