Landlord Charged Unlawful Roommate Fee

January 1, 2011

LVT Number: #23113

Tenant sued landlord, claiming that landlord collected unlawful application and administrative fees when tenant brought in a roommate. Landlord asked the court to dismiss the case. The court ruled against landlord. Landlord had threatened that if the fees weren't paid, the lease would be terminated. Charging these fees posed an unlawful restriction on occupancy, in violation of the roommate law, Real Property Law Section 235-f. Tenant's lease permitted an unrelated person to live in the apartment with tenant.

Tenant sued landlord, claiming that landlord collected unlawful application and administrative fees when tenant brought in a roommate. Landlord asked the court to dismiss the case. The court ruled against landlord. Landlord had threatened that if the fees weren't paid, the lease would be terminated. Charging these fees posed an unlawful restriction on occupancy, in violation of the roommate law, Real Property Law Section 235-f. Tenant's lease permitted an unrelated person to live in the apartment with tenant. Landlord claimed that the roommate wanted to move in as a co-tenant, but there was no proof of this.

Decatrel v. Metro Loft Management LLC: Index No. 103390/10, NYLJ No. 1202476652554 (Sup. Ct. NY; 11/24/10; Gische, J)

Topics

More like this