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Posted by chelsea on July 04, 2001 at 09:10:59:

In Reply to: Re: another inquiry on overcharging roommates posted by New York Tenant on July 04, 2001 at 07:57:04:

Very interesting. So what is your interpretation of what the final version of the amended RSC says about whether a tenant who is found to have overcharged roomates can be evicted? Is any violation of the code grounds for eviction, or does it have to specifically stated?

: DHCR's most recent changes to the Rent Stabilization Code (RSC) were issued and became effective December 20, 2000.

: http://tenant.net/DHCR_info/newcode/final/rscsr2.htm

: That includes the new section, 2525.7, that applies to the rent charged to a roommate.

: Although Section 2525.6 allows a subtenant to sue the tenant for treble damges for an overcharge, there is no similar provision in Section 2525.7 about overcharging a roommate.

: The new regulations are being challenged in court by tenant attorneys, and it may take quite a while before the appellate courts decide the vailidity of the new regulations.

: :
: : I just read that the rules regarding overcharging roommates are changing, that tenants are prohibited from overcharging roommates in rent-stabilized apartments as of December. Is this as of last December or this December? Also, what recourse, if any, does the overcharged roommate have, or is this matter solely the jurisdiction of the landlord?

Follow Ups:

• Re: eviction? maybe, maybenot: Mazolla is 1st test JJ 07/04/01 (1)
  • Re: eviction? maybe, maybenot: Mazolla is 1st test Lilly 07/05/01 (0)

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Comments:
: Very interesting.  So what is your interpretation of what the final version of the amended RSC says about whether a tenant who is found to have overcharged roomates can be evicted?  Is any violation of the code grounds for eviction, or does it have to specifically stated?


: : DHCR's most recent changes to the Rent Stabilization Code (RSC) were issued and became effective December 20, 2000.  

: : http://tenant.net/DHCR_info/newcode/final/rscsr2.htm  

: : That includes the new section, 2525.7, that applies to the rent charged to a roommate.

: : Although Section 2525.6 allows a subtenant to sue the tenant for treble damges for an overcharge, there is no similar provision in Section 2525.7 about overcharging a roommate.  

: : The new regulations are being challenged in court by tenant attorneys, and it may take quite a while before the appellate courts decide the vailidity of the new regulations.  

: : :
: : : I just read that the rules regarding overcharging roommates are changing, that tenants are prohibited from overcharging roommates in rent-stabilized apartments as of December.  Is this as of last December or this December?  Also, what recourse, if any, does the overcharged roommate have, or is this matter solely the jurisdiction of the landlord?


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