DSS Paid Tenant's Rent to Prior Landlord

December 1, 1994

LVT Number: 9298

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed that approximately $4,800 was owed in back rent, but tenant claimed that she was only responsible for about $1,000 of that amount. Tenant argued that DSS had mistakenly sent the rest of the back rent to prior landlord, despite her repeated requests that it correct this mistake. Tenant argued that new landlord should get the money from prior landlord---not from her. Landlord argued that tenant was still liable for the entire amount. Court: Tenant wins.

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed that approximately $4,800 was owed in back rent, but tenant claimed that she was only responsible for about $1,000 of that amount. Tenant argued that DSS had mistakenly sent the rest of the back rent to prior landlord, despite her repeated requests that it correct this mistake. Tenant argued that new landlord should get the money from prior landlord---not from her. Landlord argued that tenant was still liable for the entire amount. Court: Tenant wins. She'd given DSS repeated notices to change landlord's name and address, but it continued to send the checks to prior landlord. The court also ruled that prior landlord had to pay current landlord for that portion of the back rent he got from DSS in error.

Kenny v. Zherka: NYLJ, p. 24, col. 3 (11/16/94) (Civ. Ct. Bronx; Thomas, J)

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