Landlord Can't Charge More by Renting Apartment as 'Nonprimary Residence'

Tenant complained of a rent overcharge. Landlord claimed that the rent-stabilized apartment wasn't tenant's primary residence. Landlord had rented the apartment to tenant as a ``nonprimary residence.'' The DRA found that landlord had collected a willful overcharge of $36,000, including triple damages. Landlord appealed, claiming that tenant had rented the apartment to use for writing, and had signed a lease rider stating the apartment wasn't her primary residence and that the overcharge wasn't willful. The DHCR ruled against landlord. Landlord had violated the Rent Stabilization Law and Code by requiring tenant to agree in her lease that the apartment wouldn't be her primary residence. As long as tenant occupied the apartment as her primary residence and a court hadn't ruled otherwise, she was protected under rent stabilization.

330 West 101st Street, Apt. 2B: DHCR Adm. Rev. Dckt. No. DI 410224-RO (11/16/93) [3-page document]