Hurst v. Miske

In Hurst v. Miske, 133 Misc2d 362 (Civ Ct NY Co 1986) the rent-controlled tenant charged a subtenant more than twice the legal regulated rent. The Rent and Eviction Regulations 2205.1(a) provide that a rent-controlled tenant cannot collect rent in an amount in excess of the legal regulated rent. However, there was no provision providing for a rent-controlled tenant to forfeit the apartment for profiteering. The court compared the rent control situation to the cases dealing with rent stabilization and determined that a rent-controlled tenant could forfeit the leasehold for profiteering and be evicted via a holdover proceeding. The Court extended the rule that profiteering rent-controlled tenants forfeit their rights and are subject to eviction. The court noted that "this rationale should apply equally if not more to a rent-controlled tenant, who profits from her rental accommodation, since rent-controlled units are more stringently controlled than rent-stabilized units and...the rent-controlled tenant derives a higher benefit in rent regulation than that of a rent-stabilized tenant."