Tenant Overcharged Roommate

LVT Number: #24393

The roommate of a rent-stabilized tenant filed an overcharge complaint against tenant, claiming a rent overcharge. The roommate said that tenant charged her more than one half of the legal rent. The DRA ruled for the roommate, who appealed, claiming that the DRA failed to include in its overcharge calculation the excess security deposit paid to tenant. The DHCR ruled for the roommate. Since the roommate’s half of the legal rent is $350 and roommate paid $500 as security deposit, tenant must refund $150 in addition to the other overcharges.

The roommate of a rent-stabilized tenant filed an overcharge complaint against tenant, claiming a rent overcharge. The roommate said that tenant charged her more than one half of the legal rent. The DRA ruled for the roommate, who appealed, claiming that the DRA failed to include in its overcharge calculation the excess security deposit paid to tenant. The DHCR ruled for the roommate. Since the roommate’s half of the legal rent is $350 and roommate paid $500 as security deposit, tenant must refund $150 in addition to the other overcharges.

Nwankpa: DHCR Adm. Rev. Docket No. ZK610042RT (8/23/12) [2-pg. doc.]

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