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Re: Subtenant/Roommate Overcharge and Eviction

Posted by New York Tenant on August 24, 2001 at 02:45:18:

In Reply to: eviction posted by Wes Alwan on August 22, 2001 at 10:34:19:

How many people occupy the apartment? Unless the lease allows greater rights, the roommate law permits a tenant to have ONE roommate, in addition to the tenant's family members and the dependent children of the roommate.

How were you and the other occupant(s) named in the housing court papers -- as subtenants?

The landlord can't get a money judgment for rent and/or use and occupancy in housing court against a subtenant or a roommate, because there is no privity of contract between the landlord and a subtenant or a roommate.

Did your attorney ask you these questions? Did you ask your attorney whether the landlord could get a money judgment for rent and/or use and occupancy against you and the other occupant(s)?

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