Rent-Stabilized Tenant Overcharged Roommate

LVT Number: #32393

The roommate of a rent-stabilized tenant complained to the DHCR that the tenant had overcharged him. The DRA ruled for the roommate and ordered tenant to refund $10,220 without noting any assessed interest or triple damages. Tenant appealed and lost. She claimed that she had a tape recording from the roommate saying that he paid only $100 per week since 2020. Tenant also submitted a letter from the roommate stating that he was withdrawing his rent overcharge complaint.

The roommate of a rent-stabilized tenant complained to the DHCR that the tenant had overcharged him. The DRA ruled for the roommate and ordered tenant to refund $10,220 without noting any assessed interest or triple damages. Tenant appealed and lost. She claimed that she had a tape recording from the roommate saying that he paid only $100 per week since 2020. Tenant also submitted a letter from the roommate stating that he was withdrawing his rent overcharge complaint. In response, the roommate submitted a letter he filed with the DHCR in December 2019 stating that he was not withdrawing his complaint. He also stated in his answer to tenant's PAR that, although he had paid tenant $105 per week since September 2021, tenant also received the roommate's shelter benefits from the NYC Human Resources Administration (HRA) in the amount of $215 per month. The DHCR noted that the roommate clearly hadn't withdrawn his complaint. And records submitted showing the roommate's rent payments, along with the HRA payments, supported the DRA's overcharge calculations. Under RSC Section 2525.7(b), tenant was prohibited from collecting the roommate's proportionate share of the apartment's legal regulated rent, and that share was 50 percent of the legal rent.

Figueroa: DHCR Adm. Rev. Docket No. KT410033RO (12/6/22)[2-pg. document]