Tenant Overcharged Roommate, But Triple Damages Don't Apply

Rent-stabilized tenant's roommate complained that tenant overcharged her. The DRA ruled for roommate and ordered tenant to refund $1,900. Roommate appealed, claiming that there were four occupants in the apartment, not three. So her proportionate share of the rent was actually less than the amount determined by the DRA. Roommate also claimed that the overcharge was willful and that she should get triple damages. The DHCR ruled against roommate. Rent Stabilization Code Section 2525.7 prohibits a rent-stabilized tenant from charging a roommate more than his or her proportionate share of the stabilized rent. There were three occupants in the apartment for the period that tenant collected the overcharge from roommate. There was a fourth occupant only for one month and roommate didn't pay rent that month. Triple damages aren't permitted in this situation, because technically collecting excess rent from a roommate isn't an overcharge but a violation of Code Section 2525.7.

Miller: DHCR Adm. Rev. Docket No. VI410037RT (11/28/07) [2-pg. doc.]