Tenant Didn't Provide Subtenant with Furnished Apartment

Subtenant complained that she was overcharged by rent-stabilized tenant. The DRA ruled for subtenant and found a willful overcharge. The DRA ordered tenant to refund $19,000, including triple damages. Tenant appealed, claiming that he was entitled to a 10 percent surcharge because the apartment was rented furnished. He claimed that the apartment was furnished with a desk, sleeper couch, cabinets, wardrobe, expensive copy machine, and refrigerator. Tenant also claimed that he was entitled to recover $5,000 from subtenant for expenses incurred in connection with renovations made to the apartment. Subtenant claimed that the refrigerator left in the apartment was unusable. She also said there was no desk or wardrobe in the apartment and that tenant's copier was stored in the basement. The DHCR ruled against tenant. There was insufficient proof that the subleased apartment was fully furnished.

Greenstein: DHCR Adm. Rev. Dckt. No. TE410006RK (5/27/05) [3-pg. doc.]