Landlord Can't Charge Administrative Fee for Sublet Request

Tenant complained of a rent overcharge. He claimed that landlord charged him a $250 administrative fee for processing a request to sublet his apartment. The DRA ruled for tenant and found that the overcharge was willful. Landlord was ordered to refund $750 to tenant. Landlord appealed. The DHCR ruled for landlord in part. The administrative fee was illegal. But there hadn't been prior rulings on this issue. So landlord could reasonably have thought it was okay to charge the administrative fee. The DHCR revoked the triple damages part of its refund order.

Goldman Family Co.: DHCR Admin. Rev. Dckt. No. PB410053RO (5/22/02) [3-pg. doc.]