Tenant Overcharged Subtenant

Subtenant complained that she was overcharged by rent-stabilized tenant. The DRA ruled for subtenant in part, but found no refund was due. The DRA found that subtenant shared the apartment with another subtenant who was responsible for paying half the rent. The DRA found that subtenant lived alone in the apartment during May and June 2007, her last months there. Subtracting $2,226 that subtenant should have paid for those months eliminated the $2,027 overcharge that tenant owed subtenant. Subtenant appealed, claiming that the DRA's calculations were in error. The DHCR ruled for subtenant. Tenant was entitled to collect $556 from subtenant for the period in question because subtenant owed only half the rent for May 2007 when she had a roommate. Subtenant moved out at the end of May. The total overcharge refund owed was $4,414, including triple damages.

Rheney: DHCR Adm. Rev. Docket No. WB410040RT (8/21/08) [3-pg. doc.]