Triple Damages Apply to Tenant Overcharge of Subtenant

April 30, 2010

LVT Number: #22645

Subtenant complained of a rent overcharge by rent-stabilized tenant. The DRA ruled for subtenant and found the overcharge was willful. Tenant charged subtenant $1,250 per month for the unfurnished apartment while his rent was $848. Tenant appealed, claiming that the monthly charge was for rent and utilities. He also said the overcharge wasn’t willful. The DHCR ruled against tenant. The amounts tenant claimed for utilities and rent didn’t equal the amount he charged subtenant.

Subtenant complained of a rent overcharge by rent-stabilized tenant. The DRA ruled for subtenant and found the overcharge was willful. Tenant charged subtenant $1,250 per month for the unfurnished apartment while his rent was $848. Tenant appealed, claiming that the monthly charge was for rent and utilities. He also said the overcharge wasn’t willful. The DHCR ruled against tenant. The amounts tenant claimed for utilities and rent didn’t equal the amount he charged subtenant. And Rent Stabilization Code Section 2525.6(b) required a finding of willful overcharge and an assessment of triple damages when tenant overcharges a subtenant.

Wines: DHCR Adm. Rev. Docket No. XE210040RO (2/3/10) [3-pg. doc.]

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