Subtenant Didn't Prove Apartment Was Rent Stabilized

December 1, 2009

LVT Number: #22294

Subtenant sued tenant claiming a rent overcharge. The court ruled against subtenant, except to order a refund of her security deposit. Subtenant appealed and lost. Subtenant sublet the apartment from December 2001 through June 2003. Starting July 2003, subtenant paid rent directly to landlord. So subtenant wasn't entitled to any refund from tenant for periods after June 2003. Subtenant pointed out that landlord charged her less monthly rent than tenant did. She claimed a rent overcharge. But subtenant presented no proof that the apartment was rent stabilized.

Subtenant sued tenant claiming a rent overcharge. The court ruled against subtenant, except to order a refund of her security deposit. Subtenant appealed and lost. Subtenant sublet the apartment from December 2001 through June 2003. Starting July 2003, subtenant paid rent directly to landlord. So subtenant wasn't entitled to any refund from tenant for periods after June 2003. Subtenant pointed out that landlord charged her less monthly rent than tenant did. She claimed a rent overcharge. But subtenant presented no proof that the apartment was rent stabilized. So she couldn't claim an overcharge by tenant.

Zhang v. Hua: NYLJ, 11/10/09, p. 36, col. 3 (App. T. 2 Dept.; Golia, JP, Pesce, Rios, JJ)

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