Tenant Overcharged Subtenant for One Month

April 30, 1999

LVT Number: 13234

Landlord sued to evict rent-stabilized tenant for illegal subletting. Landlord claimed that tenant not only sublet without permission but also overcharged subtenant. Tenant pointed out that it was a short-term summer sublet and that any overcharge had been refunded. Landlord argued that tenant couldn't correct the rent overcharge. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant had stopped the illegal sublet after one month.

Landlord sued to evict rent-stabilized tenant for illegal subletting. Landlord claimed that tenant not only sublet without permission but also overcharged subtenant. Tenant pointed out that it was a short-term summer sublet and that any overcharge had been refunded. Landlord argued that tenant couldn't correct the rent overcharge. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant had stopped the illegal sublet after one month. Collection of an overcharge for this brief period didn't amount to rent gouging sufficient to warrant eviction.

Ariel Assocs. LLC v. Brown: NYLJ, p. 26, col. 2 (4/14/99) (App. T. 1 Dept.; Freedman, JP, Davis, J)

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