Rent-Stabilized Tenant Overcharged Roommate

Rent-stabilized tenant sued to evict her roommate for nonpayment of rent. The roommate in turn claimed rent overcharge, breach of the warranty of habitability, and harassment.  The court ruled for roommate, in part. Tenant charged roommate $1,500 per month when roommate’s share of the rent-stabilized rent was $440. The court found that the overcharge wasn’t willful and questioned whether triple damages applied to a claim by a roommate against a tenant. After deducting the total overcharge, the roommate owed tenant $2,372. Tenant could evict the roommate if she didn’t pay the rent owed within five days. The court found no harassment or breach of the warranty of habitability. The roommate in fact harassed tenant. The roommate rescued pigeons and at one point kept 12 pigeons in cages in the apartment. She also created Collyers-type conditions by hoarding, which caused an insect infestation. 

Goodman v. Harris: 47 Misc.3d 1221(A), 2015 NY Slip Op 50730(U) (Civ. Ct. NY; 5/14/15; Kraus, J)