Tenant Didn't Overcharge Roommate

December 1, 2002

LVT Number: 16238

Landlord sued to evict rent-stabilized tenant for overcharging her roommate, in violation of the Rent Stabilization Code. Landlord claimed that tenant's proportionate share of the monthly rent was $298. Tenant charged roommate $370 per month. The court ruled against landlord. Tenant was allowed to collect a 10 percent surcharge from her roommate because the room was furnished. Tenant also gave her roommate bedroom furniture, bedding, linens, towels, and telephone service. And roommate's proportionate share of monthly gas and electric charges was $43. So there was no overcharge.

Landlord sued to evict rent-stabilized tenant for overcharging her roommate, in violation of the Rent Stabilization Code. Landlord claimed that tenant's proportionate share of the monthly rent was $298. Tenant charged roommate $370 per month. The court ruled against landlord. Tenant was allowed to collect a 10 percent surcharge from her roommate because the room was furnished. Tenant also gave her roommate bedroom furniture, bedding, linens, towels, and telephone service. And roommate's proportionate share of monthly gas and electric charges was $43. So there was no overcharge.

719 W. 180th St. LLC v. Gonzalez: NYLJ, 11/6/02, p. 20, col. 3 (Civ. Ct. NY; Schneider, J)

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