Tenant Refunded Overcharge to Subtenant

May 31, 2000

LVT Number: 14179

Landlord sued to evict rent-stabilized tenant for illegal subletting and profiteering. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant had lived in the apartment for over 20 years and had sublet the apartment for just a few months one summer. Also, tenant refunded the overcharge to subtenant upon receipt of landlord's notice to cure and before the eviction case was started. The court found that tenant's actions didn't rise to a level of profiteering that required eviction.

Landlord sued to evict rent-stabilized tenant for illegal subletting and profiteering. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant had lived in the apartment for over 20 years and had sublet the apartment for just a few months one summer. Also, tenant refunded the overcharge to subtenant upon receipt of landlord's notice to cure and before the eviction case was started. The court found that tenant's actions didn't rise to a level of profiteering that required eviction.

Ariel Assocs., LLC v. Brown: NYLJ, 5/1/00, p. 22, col. 5 (App. Div.1 Dept.; Sullivan, PJ, Nardelli, Tom, Wallach, Saxe, JJ)

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