Tenant Overcharged Rent on Three-Month Sublet

April 1, 2000

LVT Number: 14020

Landlord sued to evict rent-stabilized tenant for illegally subletting his apartment and profiteering. Tenant's monthly rent was $1,000. Tenant charged subtenant $3,000 per month for a three-month sublet. The court ruled for landlord but delayed the eviction warrant on the condition that tenant correct the illegal sublet. Tenant appealed and won. Tenant thought he could charge more than 10 percent for subletting the apartment fully furnished and refunded the overcharge after one month. Subtenant also moved out after the three months were up.

Landlord sued to evict rent-stabilized tenant for illegally subletting his apartment and profiteering. Tenant's monthly rent was $1,000. Tenant charged subtenant $3,000 per month for a three-month sublet. The court ruled for landlord but delayed the eviction warrant on the condition that tenant correct the illegal sublet. Tenant appealed and won. Tenant thought he could charge more than 10 percent for subletting the apartment fully furnished and refunded the overcharge after one month. Subtenant also moved out after the three months were up. Tenant corrected the illegal sublet and the short-term overcharge. So there wasn't the level of profiteering that warranted evicting tenant after living in the apartment for 25 years. The eviction warrant was permanently delayed.

Chelsea Nineteen Assocs. v. Smith: NYLJ, 3/22/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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