Landlord Claims Tenant Overcharged Roommates

May 31, 2003

LVT Number: 16570

Facts: Landlord sued to evict rent-stabilized tenant for profiteering by overcharging roommates. Landlord claimed that tenant charged roommates more than their proportionate share of the rent, in violation of the Rent Stabilization Code. Tenant refunded overcharges to the roommates. One roommate stated that tenant provided many hours of household service to roommates and paid various household expenses. Court: Landlord loses. Landlord's interpretation of the bar on profiteering in the Rent Stabilization Code would unfairly result in tenant's eviction.

Facts: Landlord sued to evict rent-stabilized tenant for profiteering by overcharging roommates. Landlord claimed that tenant charged roommates more than their proportionate share of the rent, in violation of the Rent Stabilization Code. Tenant refunded overcharges to the roommates. One roommate stated that tenant provided many hours of household service to roommates and paid various household expenses. Court: Landlord loses. Landlord's interpretation of the bar on profiteering in the Rent Stabilization Code would unfairly result in tenant's eviction. Tenant made restitution and was entitled to charge roommates a share of household expenses beyond rent.

365 West End LLC v. Kristaponis: NYLJ, 5/14/03, p. 21, col. 4 (Civ. Ct. NY; McClanahan, J)

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