Roommate Can Sue Tenant for Overcharge

Facts: Rent-stabilized tenant's roommate sued tenant, claiming a rent overcharge in the amount of $6,100. Roommate said tenant charged her more than her proportionate share of rent, in violation of Rent Stabilization Code Section 2525.7(b). Tenant shared the four-bedroom apartment with complaining roommate and another roommate. Roommate had the largest bedroom and tenant charged her $1,150 per month. The total monthly rent was $2,355. Tenant claimed there was no rent overcharge because roommate paid her share of rent and benefited from full use of the apartment and its furnishings. Court: Roommate wins, in part. Roommate's proportionate of rent was $785, and her total overpayment was $5,400. The court found that roommate wasn't entitled to triple damages by law because she was a roommate, not a subtenant or owner. And tenant wasn't profiteering because she didn't charge more rent than she paid to landlord.

Bryant v. Carey: NYLJ, 4/9/03, p. 22, col. 6 (Civ. Ct. NY; Singh, J)