Tenant Who Overcharged Roommate Disputes Security Deposit Refund

LVT Number: #24218

Former roommate complained of a rent overcharge by rent-stabilized tenant. The DRA ruled for roommate and ordered tenant to refund the overcharge plus roommate's full security deposit. Roommate had claimed that tenant refunded only a portion of the security deposit. Tenant appealed that portion of the DRA's order directing the security deposit refund. The DHCR ruled for tenant. Tenant claimed that roommate defaulted on her written agreement to vacate the apartment before the expiration of roommate's "lease" term.

Former roommate complained of a rent overcharge by rent-stabilized tenant. The DRA ruled for roommate and ordered tenant to refund the overcharge plus roommate's full security deposit. Roommate had claimed that tenant refunded only a portion of the security deposit. Tenant appealed that portion of the DRA's order directing the security deposit refund. The DHCR ruled for tenant. Tenant claimed that roommate defaulted on her written agreement to vacate the apartment before the expiration of roommate's "lease" term. Tenant also claimed that the roommate caused damage to her property. Since the roommate's compliance with her rental agreement was in dispute, any question concerning the amount of security deposit refund due should be addressed in court. Tenant otherwise must refund $3,900 in rent overcharges to the former roommate.


Peguero: DHCR Adm. Rev. Docket No. ZC110032RO (4/19/12) [3-pg. doc.]

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