Landlord Must Be Party to Subtenant's Rent Overcharge Claim

Subtenant complained to the DHCR of a rent overcharge by rent-stabilized tenant. The DHCR ruled for subtenant. Tenant appealed. The DHCR asked the court to send the case back for reconsideration. The DHCR then ruled that the case must go back to the Rent Administrator. The DHCR had ruled on the legal rent of the apartment without notifying landlord of the proceeding or giving him a chance to respond. The DRA must now notify landlord and allow him to do so.

Huang: DHCR Adm. Rev. Docket No. ZD410019P (9/20/11) [2-pg. doc.]