Tenant's Counterclaim Against New Landlord Dismissed

June 30, 2005

LVT Number: 18212

New landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. The court ruled for tenant and dismissed the case. Landlord appealed. The DHCR had ruled for tenant in an overcharge complaint against prior landlord. Landlord argued that it shouldn't have to pay the overcharge amount to tenant. The appeals court ruled for new landlord. New landlord had no notice of the DHCR case or its ruling. So tenant couldn't counterclaim for the overcharge amount against new landlord in a nonpayment case.

New landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. The court ruled for tenant and dismissed the case. Landlord appealed. The DHCR had ruled for tenant in an overcharge complaint against prior landlord. Landlord argued that it shouldn't have to pay the overcharge amount to tenant. The appeals court ruled for new landlord. New landlord had no notice of the DHCR case or its ruling. So tenant couldn't counterclaim for the overcharge amount against new landlord in a nonpayment case.

Sanford Ave. Realty Co. LLC v. Reynoso: NYLJ, 6/13/05, p. 41, col. 1 (App. Div. 2 Dept; Miller, JP, Ritter, Crane, Fisher, JJ)

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