Trial Required for Subtenant's Overcharge Claim

July 31, 1994

LVT Number: 9004

Tenant sued subtenant for nonpayment of rent. The court ruled for subtenant without a trial because tenant had collected a rent overcharge. Tenant appealed, and the appeals court ordered that a trial be held. The court needed to decide certain factual issues, including whether tenant could charge a 10 percent increase for a furnished apartment, and a $100 allowance for telephone and electricity service.

Tenant sued subtenant for nonpayment of rent. The court ruled for subtenant without a trial because tenant had collected a rent overcharge. Tenant appealed, and the appeals court ordered that a trial be held. The court needed to decide certain factual issues, including whether tenant could charge a 10 percent increase for a furnished apartment, and a $100 allowance for telephone and electricity service.

Lubarsky v. Lahiff: NYLJ, p. 25, col. 5 (7/12/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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