Tenant Can Cure Roommate Overcharge to Avoid Eviction

March 31, 2008

LVT Number: #20311

Landlord sued to evict rent-stabilized tenant, claiming profiteering. Landlord said that tenant overcharged his roommmate in violation of Rent Stabilization Code Section 2525.7. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Tenant charged his roommate 58 percent of the legal rent for the apartment. He was allowed to charge the roommate only 50 percent. But the court found that the total overcharge of 17.33 percent was a small overcharge that didn't amount to profiteering.

Landlord sued to evict rent-stabilized tenant, claiming profiteering. Landlord said that tenant overcharged his roommmate in violation of Rent Stabilization Code Section 2525.7. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Tenant charged his roommate 58 percent of the legal rent for the apartment. He was allowed to charge the roommate only 50 percent. But the court found that the total overcharge of 17.33 percent was a small overcharge that didn't amount to profiteering. Landlord also failed to send tenant a notice to cure before sending him a lease termination notice.

156-158 Second Ave. LLC v. Delfino: NYLJ, 3/21/08, p. 30, col. 1 (Civ. Ct. NY; Cohen, J)

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