Apartment Occupant Has No Standing to Claim Rent Overcharge

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,395, including triple damages. Landlord appealed and won.  Landlord claimed that the person who filed the overcharge complaint wasn't actually the tenant of the apartment. She was merely an occupant. The DHCR ruled for landlord and revoked the overcharge finding. Landlord showed that in a nonprimary residence proceeding against the actual tenant of record, the court had ruled that the person who filed the overcharge complaint had no tenancy rights and was merely an apartment occupant.

1234 Broadway LLC: DHCR Adm. Rev. Docket No. ZK410049RO (4/23/13) [2-pg. doc.]