Tenant Can't Amend Overcharge Action to Name Individual LLC Members as Defendants

June 27, 2022

LVT Number: #32108

Tenant sued landlord in 2019, claiming rent overcharge and improper deregulation of his apartment. Tenant later asked the court for permission to amend his complaint to add two individual defendants. The court denied tenant's request. The two named individuals were members and managers of the LLC that owned the building. But New York's Limited Liability Company Law Section 609 specifically provides that members and managers of LLCs are not liable for the debts and obligations of the LLC. 

Tenant sued landlord in 2019, claiming rent overcharge and improper deregulation of his apartment. Tenant later asked the court for permission to amend his complaint to add two individual defendants. The court denied tenant's request. The two named individuals were members and managers of the LLC that owned the building. But New York's Limited Liability Company Law Section 609 specifically provides that members and managers of LLCs are not liable for the debts and obligations of the LLC. 

Strout v. CF 88 LLC: Index No. 161439/2019, 2022 NY Slip Op 31439(U)(Sup. Ct. NY; 5/3/22; Kraus, J)

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