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Evan Krumholz, Esq.

Bought a rent-stabilized building? You inherited its rent history

The Rent Stabilization Code generally makes the current owner responsible for overcharges in the building, including rent the prior owner collected before you closed.

6 years
The look-back period for overcharge complaints under the 2019 HSTPA. It reaches rent collected by owners before you.

The rule

Under the Rent Stabilization Code, a current owner is generally responsible for overcharges, including penalties and interest, whether the rent was collected by the current owner or a prior one. Buyers at a judicial foreclosure sale are treated differently under the Code in some respects, so the way you acquired the building matters.

The 2019 Housing Stability and Tenant Protection Act extended the overcharge look-back period to six years. Overcharges that occurred before June 14, 2019 are generally governed by the prior four-year rules under the Court of Appeals' 2020 decision in Regina Metropolitan Co. v. DHCR.

Where "I didn't set that rent" helps and where it doesn't

The fact that a prior owner set an unlawful rent does not erase the overcharge. It goes to whether the overcharge was willful, which decides whether damages are trebled. A new owner who can show it inherited the rent, investigated, and corrected it is in a much better position on willfulness than one who kept collecting.

The records problem

DHCR will ask the current owner for leases and ledgers covering the look-back period. If the prior owner kept poor records or will not hand them over, the new owner faces a default finding. See records requests and default findings.

First 90 days after closing

Have Evan review it

I review the registration history, leases, and rent roll against each other and deliver a written memo on where the building is exposed and what to fix first.

Flat fee, quoted in writing before any work begins. Written memo delivered on a fixed date.

(516) 386-4515 · evan@thekrumholzgroup.com

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