Rent-Stabilized Tenant Overcharged Roommate

The roommate of rent-stabilized tenant complained of a rent overcharge. Tenant charged the roommate $1,000 per month while the legal rent was $1,300 per month. The DRA ruled for the roommate and ordered tenant to refund over $3,000 in total overcharge. Tenant appealed and lost. Tenant pointed out that for nine months she was out of town and the roommate had the use of the entire apartment. Tenant also claimed that part of the roommate's payments went toward a half share for gas, electric, television, and Internet service. The DHCR ruled that it didn't matter if tenant was away. She was still the tenant of record, and Rent Stabilization Code Section 2525.7(b) barred her from charging the roommate more than her proportionate share of the rent. And tenant had a written agreement with the roommate that said the roommate wasn't required to pay for utilities. So tenant overcharged the roommate.

Domico: DHCR Adm. Rev. Docket No. YK410006RO (2/17/11) [2-pg. doc.]