Tenant Must Refund $54,000 Overcharge to Subtenant

March 28, 2017

LVT Number: #27581

Subtenant complained of rent overcharge against tenant and landlord, and claimed that there was an illusory tenancy. The DRA ruled for subtenant in part, finding that tenant overcharged subtenant by $54,000, including triple damages. But there was no proof of an illusory tenancy. Subtenant appealed and lost. Landlord didn’t profit from tenant’s overcharge of subtenant. Here, subtenant paid rent to tenant’s daughter. Landlord received rent from tenant and had no reason to believe that tenant didn’t occupy the apartment.

Subtenant complained of rent overcharge against tenant and landlord, and claimed that there was an illusory tenancy. The DRA ruled for subtenant in part, finding that tenant overcharged subtenant by $54,000, including triple damages. But there was no proof of an illusory tenancy. Subtenant appealed and lost. Landlord didn’t profit from tenant’s overcharge of subtenant. Here, subtenant paid rent to tenant’s daughter. Landlord received rent from tenant and had no reason to believe that tenant didn’t occupy the apartment. Landlord wasn’t treating subtenant as a tenant. 

 

 
Riggin: DHCR Adm. Rev. Docket No. ES410063RT (1/19/17) [4-pg. doc.]

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