Posted by New York Tenant on March 18, 2001 at 07:01:44:
In Reply to: Re: Can my roommate evict me for charging more than half? 12/20 code change posted by Anna on March 17, 2001 at 22:26:24:
The proposed changes to the Rent Stabilization Code originally included this language:
"The rental which a tenant may charge a person in occupancy pursuant to section 235-f shall not exceed such occupant's proportionate share of the legal regulated rent. . . The charging of a rental to such occupant that exceeds that amount shall be deemed to constitute profiteering in violation of section 2520.3 of this Title."
In the final regulations, charging a roommate more than the "occupant's proportionate share of the legal regulated rent" was changed from profiteering to a violation of the Rent Stabilzation Code.
When I questioned whether any such "overcharge" was retroactive, I wasn't suggesting that it was retroactive prior to December 20, 2000. I was questioning whether it affected existing roommate situations, or only roommate situations that started on or after December 20, 2000 -- the effective date of most of the new regulations.
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