Landlord Couldn't Collect Sublease Surcharge

August 31, 1996

LVT Number: 10877

Tenant complained of a rent overcharge. Among other things, tenant claimed that landlord charged a sublease surcharge when tenant's sister moved in with her. The DRA ruled for tenant, and landlord appealed. Landlord claimed it didn't willfully overcharge tenant and that it believed there was a sublet. The DHCR ruled against landlord. There was no sublease or other proof of a sublet. And the apartment registration forms listed tenant and her sister as cotenants.

Tenant complained of a rent overcharge. Among other things, tenant claimed that landlord charged a sublease surcharge when tenant's sister moved in with her. The DRA ruled for tenant, and landlord appealed. Landlord claimed it didn't willfully overcharge tenant and that it believed there was a sublet. The DHCR ruled against landlord. There was no sublease or other proof of a sublet. And the apartment registration forms listed tenant and her sister as cotenants.

Gold Rose Mgmt. Co.: DHCR Adm. Rev. Dckt. No. FK610038RO (4/1/96) [5-page document]

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