Minimal Overcharge Although Landlord Gave Tenant a Sublease

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $400, including triple damages. Tenant appealed. Tenant claimed that the DRA ignored overlapping leases and allowed subleases with landlord that should have been considered illusory tenancies. Tenant also claimed that he should have been given the option of a two-year lease when he moved in. The DRA ruled against tenant. Although landlord incorrectly gave tenant a sublease, the DRA correctly treated it as a lease and correctly calculated the amount of the overcharge.

Avrut: DHCR Adm. Rev. Docket No. XG210076RT (10/1/09) [2-pg. doc.]