Tenant Overcharged Roommate

Rent-stabilized tenant's roommate complained of a rent overcharge. He paid tenant $850 per month for four months. Tenant claimed that there was no overcharge. She rented roommate a fully furnished private room with an air conditioner. The roommate also had full use of the entire apartment. The DRA ruled for roommate and ordered tenant to refund $1,988. Tenant appealed and lost. The legal rent for the apartment was $706 per month. So the roommate's legal share was $353. Rent Stabilization Code Section 2525.7 permits tenant to charge a roommate no more than a proportionate share of the rent, meaning one-half the rent since there were two occupants. The fact that the roommate agreed to pay excess rent was irrelevant. Tenant also claimed that roommate's payments covered not only a share of the rent but utilities and other items. But there was no written agreement, so the DHCR wouldn't consider this claim.

Marrero: DHCR Adm. Rev. Docket No. YG410057RO (9/1/10) [2-pg. doc.]