Rent-Stabilized Tenant Didn't Overcharge Subtenant

Subtenant complained of a rent overcharge by rent-stabilized tenant. The DRA ruled against subtenant, finding no overcharge. Tenant charged subtenant $1,600 per month while his legal regulated rent was $1,725. Subtenant appealed and lost. She claimed that she was tenant's roommate, so tenant was allowed to charge her only half of the rent-stabilized rent as her "proportionate share." The DHCR found that she was a subtenant, not a roommate. There was a written sublease agreement. Tenant had installed a lock between the front portion of the apartment where subtenant lived, and a back portion where he claimed that he stayed occasionally. In any event, tenant and subtenant didn't share space, and she wasn't a "roommate." There was no overcharge since she paid less than the full amount of the legal regulated rent.

Castro: DHCR Adm. Rev. Docket No. XL410029RT (5/27/10) [7-pg. doc.]