Landlord Can't Charge for Prior Tenant's Unpaid Rent

Tenant complained of a rent overcharge. Tenant claimed that he'd lived in the apartment for two years with his son, the prior tenant. When his son vacated the apartment, tenant signed a renewal lease in his own name. Tenant claimed landlord offered him the renewal lease on the condition that he pay the son's unpaid rent, accept apartment improvements without his consent, and accept window guards. The DRA ruled that the entire cost of the unpaid rent, improvements, and window guards constituted an overcharge. The DRA also found these overcharges to be willful, and assessed triple damages. Landlord appealed, claiming that tenant didn't live in the apartment before signing the renewal lease, that tenant had consented to the improvements when he signed the lease, and that the overcharges weren't willful. The DHCR found that landlord's collection of the son's unpaid rent was a willful overcharge. All other issues presented were remanded back to the DRA for further processing.

39-77 46th Street: DHCR Adm. Rev. Dckt. No. GB 110145 RO (2/4/94) [6-page document]