DHCR Incorrectly Ruled Collusion with Landlord Required to Find Illusory Tenancy

LVT Number: #28105

Subtenant complained to the DHCR of rent overcharge and illusory tenancy. She moved into the apartment in 2006 and signed a lease with someone she thought was the building owner. But that person turned out to be the daughter of subtenant's roommate. The DHCR ruled for subtenant in part, finding a rent overcharge but no illusory tenancy because there was no proof of collusion between apartment tenant and landlord. Subtenant then filed an Article 78 appeal, and the DHCR asked to take the case back for reconsideration. The court ruled for the DHCR.

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Riggin v. DHCR: Index No. 152481/2017, NYLJ No. 1511752207 (Sup. Ct. NY; 11/9/17; Bluth, J)