Tenant Must Pay Triple Damages for Overcharge of Subtenant

April 1, 2002

LVT Number: 15730

Subtenant sued rent-stabilized tenant for a rent overcharge and asked for triple damages based on a willful overcharge. Tenant claimed that he didn't willfully overcharge subtenant and claimed fraud on subtenant's part. The court ruled for subtenant. Tenant's fraud claim was groundless. Tenant had a signed renewal lease with landlord listing the legal regulated rent. So tenant couldn't claim that he didn't know what the legal rent was.

Subtenant sued rent-stabilized tenant for a rent overcharge and asked for triple damages based on a willful overcharge. Tenant claimed that he didn't willfully overcharge subtenant and claimed fraud on subtenant's part. The court ruled for subtenant. Tenant's fraud claim was groundless. Tenant had a signed renewal lease with landlord listing the legal regulated rent. So tenant couldn't claim that he didn't know what the legal rent was.

Gulivindala v. Central Hudson: NYLJ, 3/6/02, p. 18, col. 6 (Sup. Ct. NY; Shafer, J)

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