Prime Tenant Must Pay Triple Damages to Subtenant

Subtenant complained that prime tenant overcharged him. The DRA ruled for subtenant, found that the overcharge was willful, and ordered tenant to refund $12,000 to subtenant, including triple damages. Tenant appealed, claiming that subtenant insisted on paying high rent after a broker found him tenant's apartment, even though tenant thought that she could rent the apartment for only the amount of the rent-stabilized rent plus a 10 percent surcharge for furnishings. The DHCR ruled against tenant. Tenant's claim wasn't believable and wasn't raised before the DRA. And tenant admitted that she knew what the law was on how much rent could be charged under rent stabilization. The overcharge clearly was willful, and triple damages were warranted.

Harmon: DHCR Admin. Rev. Dckt. No. OA410029RT (3/27/02) [3-pg. doc.]