Landlord Claims Tenant Overcharged Roommate

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, attorneys for the landlord.) Landlord sued to evict tenant for charging a roommate more than the roommate's ``proportionate share'' of rent, in violation of Rent Stabilization Code Section 2525.7(b). Tenant's monthly rent was $1,850, and she charged her roommate $2,200 per month. Tenant asked the court to dismiss the case. She claimed that there were no grounds for eviction. An appeals court had previously ruled that there was no law allowing landlords to evict tenants for overcharging roommates. The court ruled against tenant. The Rent Stabilization Code was amended in December 2000 to bar tenants from overcharging roommates. This was 10 years after the appeals court ruling relied on by tenant. So there was now a law making it a Rent Stabilization Code violation to overcharge roommates, and landlord could go ahead with its case.

Ram 1 LLC v. Mazzola: NYLJ, 6/8/01, p. 21, col. 1 (Civ. Ct. NY; Schachner, J)