Tenant's Roommate Not Entitled to Tenant's Overcharge Refund

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $10,000. Tenant and his roommate appealed. They said that the DRA should have ordered landlord to offer tenant's roommate a lease and that the overcharges should be increased to cover payments made but not cashed. They also claimed that the roommate made some rent payments directly to landlord, so she should be included in the DRA's order as entitled to a refund of overcharges. The DHCR ruled against tenant and his roommate. Only tenant signed the complaint to the DRA, and the lease submitted showed that it was signed only by tenant. Tenant's roommate didn't file a complaint, wasn't a party to the overcharge proceeding, and has no standing to appeal the DRA's decision. In addition, there is no reason to include uncashed rent payments in any overcharge award, because landlord never collected this money.

Magidin: DHCR Adm. Rev. Docket No. VI410039RT (2/14/08) [2-pg. doc.]