Tenant Overcharged Roommates

Facts: Landlord sued to evict rent-stabilized tenant from his four-bedroom apartment. Landlord claimed that tenant overcharged his roommates, in violation of Rent Stabilization Code Section 2525.7(b). Although it was unclear why, tenant's rent under his renewal lease was $1,600 per month, and the legal registered rent was $1,954. Tenant's three roommates paid tenant a combined total of $2,100 per month. Tenant claimed that roommates paid an extra $635 per month for full access to and use of tenant's furnished living room, dining room, fully equipped kitchen, bathrooms, extensive book collection, and artwork. He also claimed that he spent $20 per month on cleaning supplies, $200 per month on ''legal expenses'' to prevent eviction, and that he charged roommates $230 per month for their share of tenant's apartment cleaning services, at $5.15 per hour, the minimum wage. Tenant claimed that a cleaning service would cost $8 or $10 per hour. Court: Landlord can evict tenant. Even if based on the higher, registered rent, the three roommates should have paid tenant no more than $1,465, which was 75 percent of $1,954. Tenant submitted no proof that there was an agreement entered into between himself and his roommates as to what costs, services, or amenities would be included in their rent as a surcharge above their proportional share of the legal regulated rent. With regard to the cleaning service provided by tenant, there was no showing that at the time of the rental, tenant had figured out the value of his cleaning services or knew how many hours per week he would spend cleaning the apartment. There also was no indication that roommates agreed to this or that they had any choice in the matter.

Roxborough Apts. Corp. v. Becker: NYLJ, 3/24/04, p. 18, col. 3 (Civ. Ct. NY; Bedford, J)