Tenant Sublet Apartment Without Landlord's Knowledge or Permission

Subtenant complained that she was overcharged by rent-stabilized tenant. She also claimed that the tenant and landlord engaged in an illusory prime tenancy and filed a separate complaint seeking a lease in her name. The DRA ruled that tenant had overcharged the subtenant and ordered tenant to refund $2,493, including triple damages. But the DRA denied the subtenant's lease complaint.

Subtenant appealed and lost. Tenant had sublet the apartment without landlord's permission or knowledge and had relocated to Colorado for her husband's health. Landlord commenced an eviction proceeding against tenant for unauthorized subletting, and tenant surrendered possession. The DHCR found no grounds for subtenant's illusory prime tenancy claim. Tenant had advised landlord of her temporary relocation to Colorado, and the apartment remained her primary residence until she surrendered it in 2019 based on the breach of her lease. There was no proof in this case that tenant rented the apartment and never intended to live there. Tenant had lived in the apartment since 1977, and landlord was unaware of her recent sublet until after it began. Subtenant wasn't entitled to a lease from landlord. 

Tsatsani: DHCR Adm. Rev. Docket Nos. IN110023RT/IN110019RT (9/23/20) [3-pg. doc.]