Tenant Overcharged Subtenants

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman, Mintz, Baker & Sonnenfeldt, PC, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for illegal activity. Landlord claimed that tenant had divided her apartment into five rooms, that she was subletting three of them, that each bedroom had a door lock, that the living room had a key lock, and that one of the bedrooms had a refrigerator. Landlord further claimed that tenant charged subtenants rent in excess of their share of the rent-stabilized rent. Tenant's monthly rent was $600. Landlord claimed that tenant charged subtenants a combined rent of $1,500 per month. The court ruled for landlord. Landlord's employees credibly testified about the apartment layout. One subtenant credibly testified at trial that she rented a room and paid tenant $135 per week. Tenant didn't testify. Landlord proved that tenant was profiteering in violation of Rent Stabilization Code Sections 2524.2 and 2524.3. The court awarded a judgment of possession to landlord.

881 Realty LLC v. Hayden: L&T Index No. 058805/05 (Civ. Ct. Kings 6/22/05; Sikowitz, J) [4-pg. doc.]