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TenantNet Forum | TenantNet Forum Archives Index e-mail of the week - roommate

Posted by Ace on May 18, 2001 at 12:19:01:

Check it out:

"Week of May 14th, 2001

May 14th,

Roommate Rent
Past Emails of the Week:
Reduction in Services
Domestic Partners and Rent Stabilized Apartments
Conversion to Multiple Dwelling
Is a 5-Unit Brownstone Stabilized?
Can I Extend My Sublet?

Dear Sir or Madam:

You wrote:

Is there a law regarding how much a person can charge a roommate in a rent controlled or rent stabilized apartment?

RGB: In December 2000, the NYS Division of Housing and Community Renewal (DHCR), the state agency that administers the rent laws, at 212-961-8930 or 718-739-6400, revised the Rent Stabilization Code.

One of the revisions makes it illegal for prime tenants to charge roommates who are not named on the lease a disproportionate share of the rent. Please note that there is no specific percentage or proportion of rent in the code. The code simply says that a "proportionate share" of the rent should be charged, i.e. 100% or more of the legal rent would probably not be proportionate.

Be aware that the code change could also be a means for the owner to evict BOTH the primary tenant and you on the grounds that the primary tenant is overcharging the roommate. Because roommates have no right to take over an apartment when the primary tenant leaves, both people could be evicted.

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