Subtenant Claims Landlord and Tenant's Wife Colluded in Rent Overcharge

LVT Number: #25100

Subtenant complained of a rent overcharge. The DRA ruled for subtenant and ordered tenant to refund $133,539, including triple damages. Subtenant appealed, claiming that the building's owner, managing agent, and tenant's wife should be held jointly liable for the overcharge along with tenant, because they were involved in a number of illegal sublets with tenant for other apartments. The owner argued that there was no proof that it received any money from subtenants. The DHCR ruled for subtenant in part.

Subtenant complained of a rent overcharge. The DRA ruled for subtenant and ordered tenant to refund $133,539, including triple damages. Subtenant appealed, claiming that the building's owner, managing agent, and tenant's wife should be held jointly liable for the overcharge along with tenant, because they were involved in a number of illegal sublets with tenant for other apartments. The owner argued that there was no proof that it received any money from subtenants. The DHCR ruled for subtenant in part. The case was reopened and sent back to the DRA for more fact finding on whether tenant's wife was involved with the overcharge. 

Lombardo: DHCR Adm. Rev. Docket No. BT410003RP (8/20/13) [2-pg. doc.]

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