Posted by MikeW on June 11, 2001 at 11:12:02:
In Reply to: 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:
I'm a little late to this party, but...
The LLs seem to be trying to use this clause in the rules to get rid of stabilized tenants. Now it seems that the court agrees with them. if you try to do anything, and the LL finds out what you're paying, he will try to evict the prime tenant and you. This is especially so, since the apartment rents for more than $2K. If he can get it to flip, he can get it of stabilization permanently.
: 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.
: NOTE: You can get a free 30-day subscription to the NYLJ to read this decision and other content.
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