Rent-Controlled Tenant Overcharges Roommate

Rent-controlled tenant's roommate paid $500 per month to tenant for his share of monthly rent. After he moved out, the roommate discovered that tenant's monthly rent was $296. The roommate asked the DHCR if he could claim a rent overcharge against a rent-controlled tenant. In an opinion letter, the DHCR said yes. There was no specific rule under rent control about how much rent tenant could charge a roommate. But New York City Rent and Eviction Regulations section 2205.1(a) says it is unlawful for ''any person'' to collect rent in excess of the maximum rent. The DHCR can calculate the legal rent. But to recover rent overcharges, the roommate has to sue tenant in court. The DHCR noted that these procedures were different from ones for rent stabilization. The Rent Stabilization Code specifically bars tenant from overcharging roommates. And under rent stabilization, the DHCR can make rulings on rent overcharge claims.

DHCR Opin. Ltr. by Charles Goldstein (6/20/01) [3-pg. doc.]