DHCR Properly Made Landlord and Tenant Responsible for Overcharge

DHCR Properly Made Landlord and Tenant Responsible for Overcharge



LVT Number: #29726

Landlord rented a rent-stabilized apartment to tenant in 1995, and periodically renewed the lease through 2007. Tenant was a business entity. In 2003, tenant''s rent was $1,524 per month, but tenant sublet the apartment to subtenant at $2,800 per month. Subtenant then filed a rent overcharge complaint with the DHCR against tenant, claiming illusory prime tenancy.

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333 East 49th Partnership v. DHCR: Index No. 101608/15, 2018 NY Slip Op 05735 (App. Div. 1 Dept.; Acosta, PJ, Tom, Mazzarelli, Kern, Singh, JJ)