Triple Damages Apply Where Rent-Stabilized Tenant Overcharges Subtenant

Subtenant complained that rent-stabilized tenant overcharged her. The DRA ruled for subtenant, found that tenant was profiteering, and ordered tenant to refund $20,906 to subtenant, including triple damages. Tenant appealed and lost. Under Rent Stabilization Code Section 2525.6(b), where a rent-stabilized tenant overcharges a subtenant, triple damages are automatic and don't require a finding of willfulness. Also, since there was no sublease or separate agreement stating who was responsible for paying utilities, the DHCR wasn’t required to consider tenant’s claim that subtenant also was paying for utilities.

Rose: DHCR Adm. Rev. Docket No. EP410018RO (9/12/16) [3-pg. doc.]