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Scott E. Mollen Scott E. Mollen

Landlord-Tenant—Landlord Has “Carryover Liability” For Overcharge Penalties—Landlord Failed To Allege or Show Lack of Collusion or Relationship With Prior Owner or that Rent Records Were Unavailable

A landlord appealed from part of a Civil Court order which granted the tenant’s motion for summary judgment dismissing a petition in a non-payment proceeding. The Appellate Term (court) affirmed.

In June 2012, “DHCR issued an order granting a tenant an overcharge award against the then-owner in the amount of $38,639.75.” The tenant began “crediting this award against the rent due to the present owner, who had acquired title to the building in September 2012.” In November 2016, “a second DHCR order was issued, finding that the tenant was still being incorrectly charged and granting the tenant a second overcharge award in the amount of $12,210.42.”

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