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Landlord & Tenant

By ssalkin
November 01, 2018

Landlord Liable for Overcharge Collected By Tenant

Matter of 333 East 49th Partnership, L.P. v. New York State Division of Housing and Community Renewal (DHCR) NYLJ 8/10, 18, p. 22, col. 1 AppDiv, First Dept. (Opinion by Singh, J.)

In landlord's Article 78 proceeding challenging a rent overcharge determination, landlord appealed from Supreme Court's order denying the petition and dismissing the proceeding. The Appellate Division modified to reduce the amount of the overcharge, but held that landlord could be held liable for an overcharge even though landlord never collected any of the overcharge.

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