Tenant Overcharged Subtenant

February 6, 2012

LVT Number: #23865

Subtenant complained that he was being overcharged by tenant. The DRA ruled for subtenant and ordered tenant to refund the overcharge with triple damages. Tenant appealed and lost. Tenant claimed that he had rented a furnished apartment to subtenant, so he was entitled to collect more rent. But tenant told the DRA that he provided subtenant with only two full-length mirrors mounted on the closet doors, a shelf unit in the hall closet, and air conditioners, which he maintained and replaced for subtenant when they broke down.

Subtenant complained that he was being overcharged by tenant. The DRA ruled for subtenant and ordered tenant to refund the overcharge with triple damages. Tenant appealed and lost. Tenant claimed that he had rented a furnished apartment to subtenant, so he was entitled to collect more rent. But tenant told the DRA that he provided subtenant with only two full-length mirrors mounted on the closet doors, a shelf unit in the hall closet, and air conditioners, which he maintained and replaced for subtenant when they broke down. In his PAR, tenant claimed that he left substantially more furnishings in the apartment. But the DHCR couldn't consider new claims for the first time on appeal.

Bruckner: DHCR Adm. Rev. Docket No. YL410036RO (12/6/11) [2-pg. doc.]

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