Tenant Sues Partners to Collect Rent Overcharge Award

December 1, 2003

LVT Number: 17005

Tenant complained of a rent overcharge. The DHCR ruled for tenant in 1998 and directed landlord, a partnership, to refund $23,500. The overcharge award was converted to a judgment. In 2003, tenant sued the individual partners. The partnership had sold the building in 1998 and was then dissolved. Tenant asked the court to rule without a trial that the individual partners were responsible for the money the partnership owed her. She claimed that the judgment proved the partners owed her the overcharge refund. The court ruled against tenant.

Tenant complained of a rent overcharge. The DHCR ruled for tenant in 1998 and directed landlord, a partnership, to refund $23,500. The overcharge award was converted to a judgment. In 2003, tenant sued the individual partners. The partnership had sold the building in 1998 and was then dissolved. Tenant asked the court to rule without a trial that the individual partners were responsible for the money the partnership owed her. She claimed that the judgment proved the partners owed her the overcharge refund. The court ruled against tenant. Tenant can't simply rely on the judgment to get the money from the partners. They have a right to raise defenses because they weren't individually named as parties in the original overcharge case.

Hubbell v. Fields: NYLJ, 11/4/03, p. 19, col. 1 (Civ. Ct. NY; Singh, J)

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