Subtenant Claims Overcharge of Over $25,000

September 30, 1996

LVT Number: 10955

Landlord sued to evict rent-stabilized loft tenant and subtenant because tenant didn't occupy the unit as his primary residence. Subtenant claimed that tenant overcharged her in the amount of $37,500, and that she should be awarded triple damages, making the full amount owed $112,500. The court stated that it couldn't rule on this portion of subtenant's claim. The maximum claim limit that civil court can rule on is $25,000. Subtenant will have to bring her rent overcharge claim in another court or to the DHCR.

Landlord sued to evict rent-stabilized loft tenant and subtenant because tenant didn't occupy the unit as his primary residence. Subtenant claimed that tenant overcharged her in the amount of $37,500, and that she should be awarded triple damages, making the full amount owed $112,500. The court stated that it couldn't rule on this portion of subtenant's claim. The maximum claim limit that civil court can rule on is $25,000. Subtenant will have to bring her rent overcharge claim in another court or to the DHCR.

125 Church St. Development Co. v. Grassfield: NYLJ, p. 22, col. 6 (9/18/96) (Civ. Ct. NY; Braun, J)

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