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Re: I Never did get an answer...roommates per RSC Code 2000

Posted by Anna on April 04, 2001 at 21:56:12:

In Reply to: I Never did get an answer... posted by KOMO on April 02, 2001 at 16:22:59:

: If a roomate holds the lease and he's rent gouging me, can I recover my money? Will a court enforce the regulations and make him pay back his illegal profit? I know, I know ...people think I'm a bastard for asking, but a rent gouging sleaze is a rent gouging sleaze. A straight answer?


No one knows the answer, yet. The courts will have to straighten this mess out. There may be several answers. Read this excerpt and earlier posts re roommates: http://www.tenant.net/forum/board/messages/arcs01/arcs0103/index.html

from today's NYLJ:

Further Reviewing Changes to Rent Stabilization

By Martin Shulman
New York Law Journal
April 4, 2001

Part 2525 - Prohibitions. The Code 2000 amended a
subdivision to allow an owner to collect the statutory vacancy
allowances if a lease is being assigned on consent.[22]

A new section has also been adopted prohibiting a tenant
from collecting a "disproportionate share of the LRR" from an
occupant residing in the apartment as a "roommate" (see,
RPL 235f).[23] If a tenant collects a sum from a roommate
that exceeds the lawful proportionate share, it is deemed a
violation of the Code 2000. However, if such roommate is
being overcharged, the Code 2000 is silent as to what
remedies the roommate has and where he/she can pursue
same.
... ...

Conclusion

Obviously this summary should never serve as a substitute
for the "real thing." Members of the Bench and bar and other
interested persons should obtain a copy of the Code 2000
and after careful review draw your own interpretations and
conclusions. After analyzing the Code 2000, an observation
made by the Court of Appeals many years ago comes to
mind:

A "patchwork" of legislation that has responded to decades
of social, economic and political pressure, it [rent laws and
regulations] has been characterized by this court as an
"impenetrable thicket confusing not only to laymen but to
lawyers" . . . It is nonetheless essential to our analysis that we
make some order of this morass.[33]

Only time will tell whether the Code 2000 made some order
of this continuing morass of rent regulation.
Martin Shulman is the supervising judge of the Civil Court
of the City of New York and a Supreme Court justice by
designation in New York.

*************

ps: Shulman presided over L&T cases for many years.

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