Tenant's Roommate Claims Rent Overcharge

The roommate of rent-stabilized subtenant complained of a rent overcharge. Subtenant said that the roommate's payments included utilities, as well as a loan payback. The DRA ruled for the roommate, finding that subtenant collected $5,765 more than the roommate's proportionate share of the rent. Subtenant appealed and won in part. A written agreement between subtenant and the roommate clearly included utilities and Internet usage in the roommate's rent. It didn't matter that the bills weren't in subtenant's name since it was undisputed that the charges were for the apartment and that subtenant paid them. The total refund due to the roommate was reduced to $4,950.

Bianchi: DHCR Adm. Rev. Docket No. YC410019RO (7/6/10) [3-pg. doc.]