Rent-Controlled Tenant Can't Charge Roommate More than Maximum Rent

Rent-controlled tenant's roommate asked the DHCR if tenant was allowed to collect from him more than his proportionate share of the legal rent. In an opinion letter, the DHCR said yes. Under the Rent Stabilization Code, as amended in 2000, a rent-stabilized tenant couldn't collect from a roommate more than the roommate's proportionate share of the rent. But there was no similar provision under rent control. However, rent control regulations provided that ''no person'' could collect more than the maximum rent for a rent-controlled apartment. This applied to rent-controlled tenants, as well as landlords. In addition, under rent control, the DHCR could only determine the maximum rent. The roommate would have to go to court with an overcharge claim.

DHCR Opin. Ltr. by Charles Goldstein (8/26/02) [3-pg. doc.]