I am a subtenant, I think the tenant I am renting from is Rent Stabilized and overcharging me. What do I do? Can I collect my overcharge award directly from the landlord?

Apr 09, 2023

In Episode 4 we discuss what happens when a Rent Stabilized tenant sublets her apartment to a subtenant and overcharges the subtenant more than the legally regulated rent. The tenant could owe the subtenant the overcharge amount back, plus triple damages. Today’s case is interesting because the DHCR held that the landlord, as well as the tenant, was responsible to the subtenant for the overcharge, even when the landlord did not collect more than the legal rent, based upon the concept of illusory tenancy.

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Subtenants can obtain a printout of their apartment’s rent registration from DHCR by submitting proof of their identity and occupancy of the apartment ⁠at this link⁠.

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