Landlord Charged Vacancy Increase When Tenant's Spouse Added as Co-Tenant

Rent-stabilized tenant complained of rent overcharge, claiming that landlord collected illegal fees and surcharges. The DRA ruled for tenant and ordered landlord to refund $11,660, including triple damages. Landlord appealed and lost. Landlord improperly collected a vacancy increase from tenant when it agreed to add tenant's spouse to the lease as a co-tenant in 2014. And landlord failed to show that the overcharge wasn't willful. Landlord's reliance on a prior DHCR order that rejected tenant's marriage certificate was misplaced. In that case, tenant didn't submit the marriage certificate until he filed his PAR. In this case, tenant submitted the marriage certificate with his overcharge complaint and proved that co-tenant was his spouse. 

Hillside Park 168 LLC: DHCR Adm. Rev. Docket No. FT110010RO (6/21/18) [5-pg. doc.]