Landlord Must Refund Overcharge to Complaining Tenant Where Co-Tenant Made No Claim

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $17,981, including triple damages. Landlord appealed and lost. Among other things, landlord argued that the complaining tenant was only one of two tenants in the apartment and that tenant therefore should only receive a proportionate overcharge award. Otherwise, tenant received a windfall at landlord's expense. Tenant was the lone complainant, and the rental responsibility of cotenants was "joint and several." This meant that landlord could pursue either or both tenants for all or any part of the rent. And it was unclear who actually paid what part of the rent to landlord. So a refund of excessive rent for the apartment was collectible by any tenant of record. The noncomplaining tenant has waived enforcement of rent regulation, leaving any possible further action by her as a private matter between her, the complaining tenant, and/or the landlord.

Throop Towers, LLC: DHCR Adm. Rev. Docket No. GT210027RO (5/28/19) [3-pg. doc.]