Landlord Can Evict Tenant Who Overcharges Roommate
LVT Number: 15570
(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for overcharging her roommate. Tenant charged the roommate $2,200 per month, even though her full monthly rent was only $1,800. Tenant asked the court to dismiss the case, claiming that it wasn't grounds for eviction. The court ruled against tenant. Tenant appealed and lost. Tenant's actions violated Section 2525.7(b) of the Rent Stabilization Code, which bars charging a roommate more than his proportionate share of the rent-stabilized rent. Landlord could go forward with the case.
RAM 1 LLC v. Mazzola: NYLJ, 1/2/02, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Gangel-Jacob, Suarez, JJ)