How can I prosecute an tenant subletting illegally to me?

Anonymous May 17, 2015 Real Estate 10 views 1 answers

I moved out of an apartment 2 years ago, because I found out that the woman I was subletting from was overcharging me rent by a few hundred dollars. She wanted someone to finish out her lease so that she could move to Japan. In addition, I believe that her apartment was rent-stabilized (her rent was about $1300.) I got my overcharged money back, but is it possible to press charges? She is still based in Japan. Is it possible? Thanks.

Attorney Answer

1

Steven Smollens

Steven Smollens · Jun 15, 2026

Dear Long Island City Tenant: You may file a complaint with the police that your tenant overcharged you in rent and so may have committed the crime of rent gouging. The police have discretion to follow up and make an arrest. The District Attorney has the discretion to prosecute. I do not believe you have a private right to "prosecute" a criminal claim. Your recovery of the overpaid rent seems a full civil success.

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