Landlord Claims Rent-Controlled Tenant Overcharged Roommate

January 1, 2003

LVT Number: 16303

Landlord sued to evict 70-year-old rent-controlled tenant for overcharging a roommate. Landlord claimed that tenant could be evicted for profiteering in light of an amendment to the Rent Stabilization Code made in 2000. That amendment barred tenants from collecting from roommates more than their proportional share of the legal regulated rent. The court ruled against landlord. The State Legislature didn't amend the rent control regulations to include the same rule on profiteering as is now found in the Rent Stabilization Code.

Landlord sued to evict 70-year-old rent-controlled tenant for overcharging a roommate. Landlord claimed that tenant could be evicted for profiteering in light of an amendment to the Rent Stabilization Code made in 2000. That amendment barred tenants from collecting from roommates more than their proportional share of the legal regulated rent. The court ruled against landlord. The State Legislature didn't amend the rent control regulations to include the same rule on profiteering as is now found in the Rent Stabilization Code. The court couldn't apply the Rent Stabilization Code to a rent-controlled tenant.

270 Riverside Dr., Inc. v. Braun: NYLJ, 12/2/02, p. 19, col. 4 (Civ. Ct. NY; Jimenez, J)

Topics

More like this