Fines Properly Imposed on Registered Managing Agent

July 31, 1996

LVT Number: 10763

HPD sued landlord for not providing heat and hot water to tenant. The court ruled for HPD, and landlord appealed. Landlord claimed he wasn't the owner of the building but only the registered managing agent. The court ruled against landlord, and landlord appealed and lost. Both the Housing Maintenance Code and the Multiple Dwelling Law define owner to include an agent or any person directly or indirectly in control of a dwelling. A registered managing agent is clearly an owner under this definition. Fines were properly imposed against this person.

HPD sued landlord for not providing heat and hot water to tenant. The court ruled for HPD, and landlord appealed. Landlord claimed he wasn't the owner of the building but only the registered managing agent. The court ruled against landlord, and landlord appealed and lost. Both the Housing Maintenance Code and the Multiple Dwelling Law define owner to include an agent or any person directly or indirectly in control of a dwelling. A registered managing agent is clearly an owner under this definition. Fines were properly imposed against this person.

HPD v. Livingston: NYLJ, p. 29, col. 4 (7/9/96) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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