Tenant Misidentified on MBR Notice

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord didn't properly deliver notices of the MBR increases and that the increases claimed by landlord weren't collectible. The court ruled for tenant. Landlord appealed, and the case was reopened. The housing court had the authority to rule on the MBR notice issues. Although the notices misidentified tenant as "Antopol," which was the surname of prior tenants, who were tenant's sister and brother-in-law, current tenant Drucker received the notices and wasn't misled or harmed by the incorrect name. Tenant had consistently paid the rent invoices addressed to Antopol and her attorney listed "Antopol" as the tenant of record in correspondence with the DHCR.

Congregation Kahal Minchas Chinuch v. Drucker: NYLJ, 11/10/10, p. 26, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Hunter, J)