Tenant Didn't Tell DSS to Pay Rent to Receiver

November 1, 1993

LVT Number: 8302

Facts: Tenant's rent was paid directly to landlord by the Department of Social Services (DSS). The building later went into receivership and the receiver notified tenant that she should now pay rent directly to a receiver. DSS wasn't notified, and continued to send rent checks to landlord, who cashed them. Six months later, the receiver sued tenant for nonpayment of rent. The trial court ruled for the receiver, finding that tenant was responsible for rents that landlord didn't turn over to receiver because she hadn't told DSS about the receiver's notice. Tenant appealed.

Facts: Tenant's rent was paid directly to landlord by the Department of Social Services (DSS). The building later went into receivership and the receiver notified tenant that she should now pay rent directly to a receiver. DSS wasn't notified, and continued to send rent checks to landlord, who cashed them. Six months later, the receiver sued tenant for nonpayment of rent. The trial court ruled for the receiver, finding that tenant was responsible for rents that landlord didn't turn over to receiver because she hadn't told DSS about the receiver's notice. Tenant appealed. Court: Tenant wins. The receiver's notice to tenant wasn't in plain English and didn't tell her to send the notice to DSS. The receiver should have had access to landlord's rent records and seen that DSS was paying the rent. Tenant wasn't attempting any willful nonpayment or fraud. The receiver could still sue landlord for the rent collected after the receiver was appointed.

Waxenberg v. Rivera: NYLJ, p. 21, col. 4 (10/8/93) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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