Tenant Overcharged Subtenant

LVT Number: 8806

Landlord sued to evict rent-controlled tenant for overcharging an authorized subtenant. The trial court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenant had overcharged subtenant briefly and unintentionally. Tenant had refunded the overcharge, and subtenant had withdrawn his complaint. Landlord knew this before bringing the eviction action.

Landlord sued to evict rent-controlled tenant for overcharging an authorized subtenant. The trial court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenant had overcharged subtenant briefly and unintentionally. Tenant had refunded the overcharge, and subtenant had withdrawn his complaint. Landlord knew this before bringing the eviction action.

Alverjan Holding Corp. v. Weiss: NYLJ, p. 27, col. 4 (5/19/94) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)