Subtenant Claims Illusory Tenancy

Subtenant complained of a rent overcharge. The DRA ruled against her, finding no overcharge. Subtenant appealed, claiming that the DRA incorrectly calculated a sublet allowance even though tenant was under a vacancy lease at the time of the sublet and therefore no sublet allowance applied. Subtenant also claimed that there were inconsistencies because landlord stated that tenant's rent was $1,575, but later stated that it was $1,733 for the same period of time. She also claimed that the sublet was illegal. The DRA ruled for subtenant and reopened the case. There was a connection between the building's landlord and tenant. Tenant was the daughter of corporate landlord's principal. Other relatives of landlord lived in the building. There may be an illusory tenancy. Tenant must submit to the DRA copies of cancelled checks to show how much rent she paid to landlord. The rent receipts submitted by tenant weren't sufficient proof of what rent actually was paid.

Rodriguez: DHCR Adm. Rev. Docket No. VJ210027RT (12/21/07) [3-pg. doc.]