Managing Agent Not Liable for Refund

January 1, 2003

LVT Number: 16336

Tenant sued prior landlord's managing agent to enforce a DHCR rent overcharge order. The court ruled against tenant. Tenant appealed and lost. The DRA had ruled that prior landlord and new landlord, which was a cooperative corporation, were responsible for refunding the overcharge. New landlord appealed. The DHCR ruled that only prior landlord was responsible for the overcharge refund. But the DHCR's order also mentioned prior landlord's managing agent. However, this wasn't a ruling that prior landlord's managing agent was responsible.

Tenant sued prior landlord's managing agent to enforce a DHCR rent overcharge order. The court ruled against tenant. Tenant appealed and lost. The DRA had ruled that prior landlord and new landlord, which was a cooperative corporation, were responsible for refunding the overcharge. New landlord appealed. The DHCR ruled that only prior landlord was responsible for the overcharge refund. But the DHCR's order also mentioned prior landlord's managing agent. However, this wasn't a ruling that prior landlord's managing agent was responsible. Tenant never appealed the DRA's order, which didn't find the managing agent to be responsible for the overcharge refund.

Rutherford v. Bee Gee Excelsior Mgmt., Inc.: NYLJ, 12/9/02, p. 19, col. 3 (App. Div.1 Dept.; Williams, PJ, Ellerin, Rubin, Marlow, Gonzalez, JJ)

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