Landlord Claims Rent-Controlled Tenant Overcharged Roommate

Facts: Landlord sued to evict elderly rent-controlled tenant for charging her roommate more than the roommate's proportionate share of tenant's rent. Tenant charged roommate $1,000 per month while her total maximum rent was $800 per month. Landlord claimed tenant was subject to eviction for violating Rent Stabilization Code Section 2525.7. Tenant argued that the Rent Stabilization Code didn't apply to rent-controlled tenants. Tenant also claimed that the amount she charged roommate covered rent plus other costs such as utilities, linens, and piano tuning for music student roommate. Tenant asked the court to dismiss the case. Court: Tenant loses. Landlord can't sue to evict rent-controlled tenant for violation of Rent Stabilization Code, and the DHCR didn't similarly amend the rent control regulations. But tenant may be subject to eviction for overcharging her roommate in violation of Rent and Eviction Regulations Section 2205.1. A trial was needed to determine the facts.

41 West 72 LLC v. Bondy: NYLJ, 3/12/03, p. 20, col. 1 (Civ. Ct. NY; McClanahan, J)