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Posted by MikeW on June 06, 2001 at 10:30:48:

In Reply to: About Freakin' Time: Justice for rent gougers! posted by Komo on June 05, 2001 at 14:41:58:

If you read the new DHRC code on this subject (I did), it states the rule that the the tenant can only charge the roommate the proportion of the rent, but it specifies no cure for an overcharge.

Now a judge comes along and decides the LL is the injured party, and should be able to evict both the tenant and the roommate. This is pretty bassackwards. I would think that the roommate was the injured party. I was expecting the cure to be that the tenant would have to pay the roommate treble damages for the overcharge, similar to an overcharge in an illegal sublet situation.

This whole situation is going to cause alot of confusion and legal bills.

:
: Court: Tenant of Rent-Stabilized Apt. Who Charged Big Bucks to Roommate Could Be Evicted
: The Associated Press
: Published: Jun 5, 2001

: NEW YORK (AP) - Taking in a roommate was a good deal for 70-year-old retiree Jean Mazzola: She paid $1,847.77 a month in rent and the roommate paid her $2,200.
: But a Housing Court judge ruled that the arrangement could be too good to be legal under rent stabilization rules. Now Mazzola's landlord might evict them both under a new state regulation.

: Mazzola has lived for 32 years in a spacious, two-bedroom apartment on ritzy Park Avenue. Brian Moro joined her as a roommate in March.

: About 2.3 million New York City residents live under rent protection, which stabilizes housing costs.

: The rule upheld by Housing Court Judge Larry S. Schachner on May 30 prevents rent-stabilized tenants from charging roommates more than their fair share, generally interpreted as half the rent.

: Mazzola's lawyer, Darnay Hoffman, is appealing the decision.

: Mazzola, who suffers from emphysema and heart ailments, said she needs a roommate to pay her bills and contends that the law does not provide for evictions. But the judge ruled that the owner can cite the regulation during an upcoming trial in the eviction lawsuit.

: The roommate rule is part of a disputed rewriting of rent regulations by the state. Tenant representatives are challenging the revisions in court, arguing that the state overstepped its authority in making the changes. The state defends its actions.

: AP-ES-06-05-01 1354EDT

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Comments:
: If you read the new DHRC code on this subject (I did), it states the rule that the the tenant can only charge the roommate the proportion of the rent, but it specifies no cure for an overcharge.

: Now a judge comes along and decides the LL is the injured party, and should be able to evict both the tenant and the roommate.  This is pretty bassackwards.  I would think that the roommate was the injured party.  I was expecting the cure to be that the tenant would have to pay the roommate treble damages for the overcharge, similar to an overcharge in an illegal sublet situation.

: This whole situation is going to cause alot of confusion and legal bills.


: 
: : 
: : Court: Tenant of Rent-Stabilized Apt. Who Charged Big Bucks to Roommate Could Be Evicted
: : The Associated Press 
: : Published: Jun 5, 2001

: : NEW YORK (AP) - Taking in a roommate was a good deal for 70-year-old retiree Jean Mazzola: She paid $1,847.77 a month in rent and the roommate paid her $2,200. 
: : But a Housing Court judge ruled that the arrangement could be too good to be legal under rent stabilization rules. Now Mazzola's landlord might evict them both under a new state regulation. 

: : Mazzola has lived for 32 years in a spacious, two-bedroom apartment on ritzy Park Avenue. Brian Moro joined her as a roommate in March. 

: : About 2.3 million New York City residents live under rent protection, which stabilizes housing costs. 

: : The rule upheld by Housing Court Judge Larry S. Schachner on May 30 prevents rent-stabilized tenants from charging roommates more than their fair share, generally interpreted as half the rent. 

: : Mazzola's lawyer, Darnay Hoffman, is appealing the decision. 

: : Mazzola, who suffers from emphysema and heart ailments, said she needs a roommate to pay her bills and contends that the law does not provide for evictions. But the judge ruled that the owner can cite the regulation during an upcoming trial in the eviction lawsuit. 

: : The roommate rule is part of a disputed rewriting of rent regulations by the state. Tenant representatives are challenging the revisions in court, arguing that the state overstepped its authority in making the changes. The state defends its actions. 

: : AP-ES-06-05-01 1354EDT

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: : Click for complete story 

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