Wrong Landlord Named in DHCR Order

November 1, 2005

LVT Number: 18441

Tenant complained to the DHCR of a rent overcharge by landlord 634 West 135 LLC. Tenant stated that landlord's mailing address was in care of Equity Management, at the same address. The DRA ruled for tenant and ordered Equity Management to refund $46,000. Landlord didn't appeal, and tenant filed the DRA's order as a judgment. Tenant then sued landlord to enforce the judgment. Landlord didn't respond, and the court ruled for tenant. Landlord appealed, claiming that 634 West 135 LLC wasn't named as landlord in the DRA's order, so no judgment could be entered against it.

Tenant complained to the DHCR of a rent overcharge by landlord 634 West 135 LLC. Tenant stated that landlord's mailing address was in care of Equity Management, at the same address. The DRA ruled for tenant and ordered Equity Management to refund $46,000. Landlord didn't appeal, and tenant filed the DRA's order as a judgment. Tenant then sued landlord to enforce the judgment. Landlord didn't respond, and the court ruled for tenant. Landlord appealed, claiming that 634 West 135 LLC wasn't named as landlord in the DRA's order, so no judgment could be entered against it. The appeals court ruled for landlord. Since the DRA order named Equity Management as landlord, tenant couldn't use the DRA order to enforce a judgment against 634 West 135 LLC.

Mazelier v. 634 West 135 LLC: NYLJ, 10/24/05, p. 26, col. 1 (App. Div. 1 Dept.; Friedman, JP, Sullivan, Gonzalez, Sweeny, Catterson, JJ)

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