Tenant Overcharged Roommate

Roommate complained that rent-stabilized tenant was overcharging him. He rented a room in tenant's apartment at $1,200 per month. The DRA ruled for the roommate and ordered tenant to refund $5,300. Tenant appealed and lost. Tenant's monthly rent was $2,000 per month. So the roommate's proportionate share of the rent was $1,000. Tenant's written agreement with roommate stated that the $1,200 included "all utilities," but the agreement didn't specify how much of the monthly charge was attributable to utility costs or how the utilities would be split between tenant and the roommate. It appeared that the actual costs of utilities were never presented to the roommate. Tenant also claimed that roommate's rent included a 10 percent surcharge for furnishings, but tenant wasn't entitled to collect a furnishings surcharge from roommate under the Rent Stabilization Code. 

Hoffman: DHCR Adm. Rev. Docket No. BW410002RO (9/5/14) [4-pg. doc.]