Tenant Gets Judgment for $31,000 Against Managing Agent

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $31,000 in overcharges. Two years later, tenant sued landlord's managing agent for the $31,000. The managing agent claimed that he wasn't responsible for paying the refund. He also claimed that there was a PAR pending to appeal the DRA's order. Court: Tenant wins. The Rent Stabilization Code includes ''managing agent'' in the definition of owner. The managing agent for the building was registered with HPD. And the DRA's order had been mailed to the managing agent's address. Tenant was entitled to enforce the DRA's order like any other judgment. And the managing agent didn't file the PAR until tenant started this legal action, over two years after the DRA's order was issued. PARs must be filed within 35 days after the order is issued.

Black v. Davis: NYLJ, p. 32, col. 2 (4/26/95) (Sup. Ct. Kings; Shaw, J)