No Penalties Imposed for Tenant's Overcharge of Roommate

March 31, 2008

LVT Number: #20365

The roommate of a rent-stabilized tenant complained of a rent overcharge. The DRA ruled for roommate in part. Tenant charged roommate more than his proportionate of the rent, but no refund was due because the roommate owed tenant back rent. Roommate appealed, claiming that there were rent arrears only because tenant refused to accept rent. The DHCR ruled against roommate. Since the total rent overcharge was $400 and since roommate owed tenant $400, there was no overcharge.

The roommate of a rent-stabilized tenant complained of a rent overcharge. The DRA ruled for roommate in part. Tenant charged roommate more than his proportionate of the rent, but no refund was due because the roommate owed tenant back rent. Roommate appealed, claiming that there were rent arrears only because tenant refused to accept rent. The DHCR ruled against roommate. Since the total rent overcharge was $400 and since roommate owed tenant $400, there was no overcharge. And the Rent Stabilization Code doesn't provide for the assessment of any penalties or interest in the case of a tenant overcharging a roommate.

Williams: DHCR Adm. Rev. Docket No. VK610035RT (2/25/08) [2-pg. doc.]

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