Tenant Overcharged Subtenant

December 1, 2006

LVT Number: 19305

Subtenant complained of a rent overcharge by tenant. The DRA ruled for subtenant and ordered tenant to refund $3,750, including triple damages. Tenant appealed and lost. Tenant claimed that the amount she had charged subtenant included rent, furnishings, monthly cable television, and monthly gas charges. Tenant also claimed that there was no willful rent overcharge. But the DRA had included a 10 percent increase for furnishings in its calculation of subtenant's legal rent. And tenant didn't submit copies of gas or cable bills, or proof of payment of these bills.

Subtenant complained of a rent overcharge by tenant. The DRA ruled for subtenant and ordered tenant to refund $3,750, including triple damages. Tenant appealed and lost. Tenant claimed that the amount she had charged subtenant included rent, furnishings, monthly cable television, and monthly gas charges. Tenant also claimed that there was no willful rent overcharge. But the DRA had included a 10 percent increase for furnishings in its calculation of subtenant's legal rent. And tenant didn't submit copies of gas or cable bills, or proof of payment of these bills. Rent Stabilization Code Section 2525.6(b) requires triple damages in cases of tenant overcharge of subtenant.

Rodriguez: DHCR Adm. Rev. Docket No. UF210014RO (9/1/06) [2-pg. doc.]

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