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Tenant May Be Liable for Charging Roommate More Than 'Proportionate Share' of Legal Rent

Posted by New York Tenant on June 07, 2001 at 23:56:04:

The June 8th online edition of the New York Law Journal has the full text of the housing court decision in Ram 1 LLC v. Mazzola. This is the NYLJ's summary:

In a residential holdover proceeding, petitioner alleged that respondent, the rent-stabilized tenant of record, had violated 2525.7(b) of the Rent Stabilization Code, which prohibited a tenant from charging a roommate more than the roommate's "proportionate share" of the legal rent. Petitioner claimed that respondent had rented a room in her apartment for $2,200. Petitioner stated that this amount not only exceeded the proportionate share of the rent, but also exceeded the monthly rent for the subject premises. Respondent moved to dismiss the petition for failure to state a cause of action. Given the language of 2525.7(b), as well as the standard of review and limited inquiry of the court in this pre-answer motion to dismiss, the court denied respondent's motion. Taking petitioner's allegations as true, and in light of the recent amendment of the RSC, the court found that the petition stated a valid cause of action.

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