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Posted by Anna on March 17, 2001 at 22:26:24:

In Reply to: Can my roomamte evict me? posted by kiwi29 on March 17, 2001 at 01:37:13:

This is posted twice on TN forum: what part of this do you not understand?

"To those asking questions: Experienced tenants and attorneys frequenting this message board may be willing to help with their knowledge. In asking questions, please provide the following: your city/location, if you are rent stabilized/controlled,coop/condo or under any form of regulation or subsidy, lease status, units in building and when it was built."

New York Tenant's answer ass u me s that the apt is stabilized or controlled. If the apt isn't, read your lease: does it say anything about this subject? If not, sky's the limit on what rent you charge her, so make peace with your roommate or evict her.

Unless you moved in 25 years ago or inherited the apt from someone who did, the apt can't be rent controlled.

IF the apt is stabilized, please note that this new regulation is not retroactive so it affects only the time since 12/20/00.

Furthermore, there is no penalty attached to this new roommate rule that NY Tenant posted in full. (unlike the original proposed code change, see: http://tenant.net/DHCR_info/newcode/legserv-RSC.html) It only says that anything other than DCHR's ridiculous formula is a 'violation of this code'; it is not an 'overcharge' as defined elsewhere in the code. Violating DHCR's code is not a ground for eviction as defined by DHCR in the code: http://www.tenant.net/Rent_Laws/RSC/rsc2524.txt . Violating some LAWs, not the code, is grounds for eviction. (laws are enacted by the state legislature or by City Council and refined by the courts. DHCR, like other administrative agencies, writes codes or regulations, less powerful things...)

It is possible that a Rent Stabilized lease has a clause that turns a violation of DHCR's code into a 'subtantial violation' of the lease (which could be grounds for eviction). Mine does not. Since no renewal lease can be more restrictive on the tenant than the original lease, this is the end of the story. I can't be evicted for failure to follow DHCR's roommate formula. What does your lease say?

However, defending yourself against an eviction proceeding is clearly not how you envision spending your future, I would suggest that if there are two humans and no pets living in your apt, and you share the apt 50/50, split the rent and other bills 50/50.

For other readers, some food for thought: 10-room apt, tenant-family of 6, one 'roommate': new code allows tenant to charge roommate 50%. Fair? Try this: 10-room apt, 1 tenant, 1 roommate plus 4 dependent children of occupant: tenant can only charge 50% (children are not 'occupants' per RPL 235-f). Fair?

• lawyers response to proposed code changes

Follow Ups:

• Re: Can my roommate evict me for charging more than half? 12/20 code change New York Tenant 03/18/01 (2)
  • Re: do not harass your apartment landlord or you could both loose rent regulated apt - landlords want this! Edward 03/19/01 (0)
  • Re: do not harass your apartment landlord or you could both loose rent regulated apt - landlords want this! Edward 03/19/01 (0)

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Comments:
: This is posted twice on TN forum: what part of this do you not understand?

: "To those asking questions: Experienced tenants and attorneys frequenting this message board may be willing to help with their knowledge. In asking questions, please provide the following: your city/location, if you are rent stabilized/controlled,coop/condo or under any form of regulation or subsidy, lease status, units in building and when it was built."

: New York Tenant's answer ass u me s that the apt is stabilized or controlled.  If the apt isn't, read your lease: does it say anything about this subject?  If not, sky's the limit on what rent you charge her, so make peace with your roommate or evict her.

: Unless you moved in 25 years ago or inherited the apt from someone who did, the apt can't be rent controlled.

: IF the apt is stabilized, please note that this new regulation is not retroactive so it affects only the time since 12/20/00.

: Furthermore, there is no penalty attached to this new roommate rule that NY Tenant posted in full. (unlike the original proposed code change, see: http://tenant.net/DHCR_info/newcode/legserv-RSC.html) It only says that anything other than DCHR's ridiculous formula is a 'violation of this code'; it is not an 'overcharge' as defined elsewhere in the code.  Violating DHCR's code is not a ground for eviction as defined by DHCR in the code: http://www.tenant.net/Rent_Laws/RSC/rsc2524.txt .  Violating some LAWs, not the code, is grounds for eviction.  (laws are enacted by the state legislature or by City Council and refined by the courts.  DHCR, like other administrative agencies, writes codes or regulations, less powerful things...)

: It is possible that a Rent Stabilized lease has a clause that turns a violation of DHCR's code into a 'subtantial violation' of the lease (which could be grounds for eviction).  Mine does not.  Since no renewal lease can be more restrictive on the tenant than the original lease, this is the end of the story.  I can't be evicted for failure to follow DHCR's roommate formula.  What does your lease say?

: However, defending yourself against an eviction proceeding is clearly not how you envision spending your future, I would suggest that if there are two humans and no pets living in your apt, and you share the apt 50/50, split the rent and other bills 50/50.

: For other readers, some food for thought:  10-room apt, tenant-family of 6, one 'roommate': new code allows tenant to charge roommate 50%. Fair?  Try this: 10-room apt, 1 tenant, 1 roommate plus 4 dependent children of occupant: tenant can only charge 50% (children are not 'occupants' per RPL 235-f).  Fair?


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