Rent-Controlled Tenant Overcharged Roommates

August 31, 2002

LVT Number: 16047

Landlord sued to evict rent-controlled tenant for charging his roommates rent that was greater than the apartment's maximum legal rent. Tenant asked the court to dismiss the case. He claimed that there was no provision in the rent control law or regulations permitting eviction for this reason. The court ruled for tenant and dismissed the case. Profiteering had been added to the Rent Stabilization Code as grounds for eviction. But the rent control regulations weren't amended in that way. So profiteering wasn't grounds for eviction under the rent control regulations.

Landlord sued to evict rent-controlled tenant for charging his roommates rent that was greater than the apartment's maximum legal rent. Tenant asked the court to dismiss the case. He claimed that there was no provision in the rent control law or regulations permitting eviction for this reason. The court ruled for tenant and dismissed the case. Profiteering had been added to the Rent Stabilization Code as grounds for eviction. But the rent control regulations weren't amended in that way. So profiteering wasn't grounds for eviction under the rent control regulations.

270 Riverside Dr. Inc. v. Braun: NYLJ, 8/28/02, p. 18, col. 3 (Civ. Ct. NY; Jimenez, J)

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