Landlord Can't Evict Loft Tenant for Overcharging Roommate

April 30, 2005

LVT Number: 18045

Landlord sued to evict loft tenant for charging his roommate more than his proportional share of the rent-regulated rent. Tenant claimed that there was no bar to overcharging in Loft Law. The court agreed with tenant and dismissed the case. Unlike the Rent Stabilization Code, neither the Loft Law nor its regulations prohibit charging a roommate rent in excess of roommate's proportionate share of legal rent. It is not grounds for eviction.

Landlord sued to evict loft tenant for charging his roommate more than his proportional share of the rent-regulated rent. Tenant claimed that there was no bar to overcharging in Loft Law. The court agreed with tenant and dismissed the case. Unlike the Rent Stabilization Code, neither the Loft Law nor its regulations prohibit charging a roommate rent in excess of roommate's proportionate share of legal rent. It is not grounds for eviction.

Giachino Enterprises LP v. Inokuchi: NYLJ, 4/27/05, p. 19, col. 1 (Civ. Ct. NY; Wendt, J)

Topics

More like this