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Posted by Mark on June 22, 1999 at 22:17:03:

Thank you for your response. I understand that if you get a decision on appeal and then the LL changes you can generally enforce it against the new LL. But what if LL changes before DHCR ever contacts the LL regarding the appeal, and is furthermore no longer in business or at the same address - then the old LL would not find out about the appeal and have a chance to respond, and DHCR may not check if there is a new LL but may assume that the old LL just refuses to respond and grant a decision in tenant's favor. The real question is:
- would a decision in such a situation, where the LL perhaps never had a chance to respond, stand up? and
- does the DHCR automatically detect change of ownership and changes the old LL to the new LL as the named party?

: Hello,

: I'm wondering what I should do (if anything) with a DHCR appeal I
filed (a PAR?): after I sent in my appeal but before I heard anything
back my building got sold to a new owner, so now I'm still waiting for a
response to my appeal, but I'm wondering if I should maybe somehow amend
the appeal papers to include the current owner, etc. I have heard that
the prior owner has sold all his buildings, and I'm thinking that
enforcing a judgment against him when he no longer owns the property may
be more difficult, and enforcing any judgment against someone who
currently owns the property may be easier. Your insights and comments
are very much appreciated. Thank you.

: Mark

The new owner will be responsible for the overcharge, only exception is
sometimes in a foreclosure or tax sale (it is in the Rent Stab Code or
Law). I don't think YOU have to do anything at this point, but I suggest
you call or visit DHCR, a tenant group or a lawyer to verify.

There are some case summaries on tenant.net concerning this...

You might want to visit the Hall of Records, 31 Chambers St, to get a
copy of the deed transfer...

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Comments:
: Thank you for your response.  I understand that if you get a decision on appeal and then the LL changes you can generally enforce it against the new LL.  But what if LL changes before DHCR ever contacts the LL regarding the appeal, and is furthermore no longer in business or at the same address - then the old LL would not find out about the appeal and have a chance to respond, and DHCR may not check if there is a new LL but may assume that the old LL just refuses to respond and grant a decision in tenant's favor.  The real question is:
: - would a decision in such a situation, where the LL perhaps never had a chance to respond, stand up?  and
: - does the DHCR automatically detect change of ownership and changes the old LL to the new LL as the named party?

: : Hello,

: : I'm wondering what I should do (if anything) with a DHCR appeal I 
: filed (a PAR?): after I sent in my appeal but before I heard anything 
: back my building got sold to a new owner, so now I'm still waiting for a 
: response to my appeal, but I'm wondering if I should maybe somehow amend 
: the appeal papers to include the current owner, etc. I have heard that 
: the prior owner has sold all his buildings, and I'm thinking that 
: enforcing a judgment against him when he no longer owns the property may 
: be more difficult, and enforcing any judgment against someone who 
: currently owns the property may be easier. Your insights and comments 
: are very much appreciated. Thank you.

: : Mark

: The new owner will be responsible for the overcharge, only exception is 
: sometimes in a foreclosure or tax sale (it is in the Rent Stab Code or 
: Law). I don't think YOU have to do anything at this point, but I suggest 
: you call or visit DHCR, a tenant group or a lawyer to verify.

: There are some case summaries on tenant.net concerning this...

: You might want to visit the Hall of Records, 31 Chambers St, to get a 
: copy of the deed transfer... 


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