---

Posted by New York Tenant on June 07, 2001 at 23:56:04:

The June 8th online edition of the New York Law Journal has the full text of the housing court decision in Ram 1 LLC v. Mazzola. This is the NYLJ's summary:

In a residential holdover proceeding, petitioner alleged that respondent, the rent-stabilized tenant of record, had violated §2525.7(b) of the Rent Stabilization Code, which prohibited a tenant from charging a roommate more than the roommate's "proportionate share" of the legal rent. Petitioner claimed that respondent had rented a room in her apartment for $2,200. Petitioner stated that this amount not only exceeded the proportionate share of the rent, but also exceeded the monthly rent for the subject premises. Respondent moved to dismiss the petition for failure to state a cause of action. Given the language of §2525.7(b), as well as the standard of review and limited inquiry of the court in this pre-answer motion to dismiss, the court denied respondent's motion. Taking petitioner's allegations as true, and in light of the recent amendment of the RSC, the court found that the petition stated a valid cause of action.

NOTE: You can get a free 30-day subscription to the NYLJ to read this decision and other content.  

• NYLJ: Ram 1 LLC v. Mazzola, New York County, Civil Court, Housing Term Part Y, Judge Schachner

Follow Ups:

• You AND the prime tenant will end up on the street MikeW 06/11/01 (0)
• Re: Tenant May Be Liable for Charging Roommate More Than 'Proportionate Share' of Legal Rent Gracie 06/09/01 (4)
  • Re: Tenant May Be Liable for Charging Roommate More Than 'Proportionate Share' of Legal Rent Zepher 06/09/01 (3)
    • Re: Tenant May Be Liable for Charging Roommate More Than 'Proportionate Share' of Legal Rent Gracie 06/09/01 (2)
      • Re: Tenant May Be Liable for Charging Roommate More Than 'Proportionate Share' of Legal Rent New York Tenant 06/09/01 (1)
        • Re: Tenant May Be Liable for Charging Roommate More Than 'Proportionate Share' of Legal Rent Gracie 06/09/01 (0)

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: The June 8th online edition of the New York Law Journal has the full text of the housing court decision in Ram 1 LLC v. Mazzola.  This is the NYLJ's summary:  

: In a residential holdover proceeding, petitioner alleged that respondent, the rent-stabilized tenant of record, had violated §2525.7(b) of the Rent Stabilization Code, which prohibited a tenant from charging a roommate more than the roommate's "proportionate share" of the legal rent. Petitioner claimed that respondent had rented a room in her apartment for $2,200. Petitioner stated that this amount not only exceeded the proportionate share of the rent, but also exceeded the monthly rent for the subject premises. Respondent moved to dismiss the petition for failure to state a cause of action. Given the language of §2525.7(b), as well as the standard of review and limited inquiry of the court in this pre-answer motion to dismiss, the court denied respondent's motion. Taking petitioner's allegations as true, and in light of the recent amendment of the RSC, the court found that the petition stated a valid cause of action.  

: NOTE: You can get a free 30-day subscription to the NYLJ to read this decision and other content.  


Optional Link URL:  
Link Title:         
Optional Image URL: 

---