Landlord Claims Rent-Controlled Tenant Overcharged Roommate

September 30, 2005

LVT Number: 18360

Landlord sued to evict rent-controlled tenant, claiming that tenant overcharged her roommate. The court ruled against landlord. Landlord appealed and lost. Profiteering under a sublease is illegal. And the Rent Stabilization Code bars tenants from charging roommates more than their proportionate share of the rent. But the rent control regulations contain no similar provision. So there is no legal basis for landlord to evict rent-controlled tenant for charging roommate more than proportionate share of rent.

Landlord sued to evict rent-controlled tenant, claiming that tenant overcharged her roommate. The court ruled against landlord. Landlord appealed and lost. Profiteering under a sublease is illegal. And the Rent Stabilization Code bars tenants from charging roommates more than their proportionate share of the rent. But the rent control regulations contain no similar provision. So there is no legal basis for landlord to evict rent-controlled tenant for charging roommate more than proportionate share of rent.

WSC 72nd St. Owners LLC v. Bondy: NYLJ, 9/29/05, p. 25, col. 2 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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