Apartment Rented to Illusory Prime Tenant

Subtenant complained of a rent overcharge. He claimed that he was forced to sign an improper sublease with landlord's managing agent, rather than being given a prime lease. The DRA found a rent overcharge based on landlord's failure to submit a complete rent history. Landlord appealed, claiming that subtenant had no right to file a complaint and that any overcharge was tenant's responsibility. The DHCR denied landlord's PAR. Even with its PAR, landlord didn't submit a full rent history. Also, subtenant proved that the prime tenant was illusory. Tenant's sublease listed tenant's address as in care of the building's managing agent at landlord's address, subtenant's cancelled rent checks were made payable to landlord, and landlord had previously been convicted of a scheme to defraud other tenants in the building

[226 East 85th Street, Apt. 3: DHCR Adm. Rev. Dckt. No. BG 210186-RO (1/26/93)]. 3-page document.