I think my roommate is over-charging me for renting a room in a rent-stabilized apartment. What can I do?

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#photocred: Alexander Mils

What is profiteering?

If you live in a rent-stabilized apartment, your roommate, as a rent-stabilized tenant, is barred from what is called profiteering, or making a profit off of you by charging you more than your proportionate share of the legal regulated rent.

A “proportionate share” of the rent is defined as the registered rent divided evenly by the number of tenants and occupants living in the apartment, excluding tenant’s family members and the occupant’s dependent children. So if your roommate charges you more than your proportionate share, s/he has violated the law.

How do I protect against it?

You should always ask to see a copy of the actual lease. If you can see that the document is legitimate in that it currently covers the months you seek to rent, you should then see if it is a rent-stabilized lease. It should say so right in the papers. If so, simply do the math regarding proportionate share to figure out how much you have to pay.

So what can I do if I’ve been overcharged already?

If you find out that you have been overcharged, you can file a Rent Overcharge Complaint with the Division of Housing and Community Renewal (“DHCR”). The penalty for a rent overcharge is the amount the roommate collected above the legal regulated proportional rent, plus accrued interest. You essentially get to recover all the rent you overpaid.

Can I get my name on the lease?

There is no ground to remove your rent-gouging roommate from the lease based upon a claim that they were profiteering. So, the Landlord will not be able to remove them from the lease even if you tell them you’ve been wronged.

Do you believe you have been overcharged by your roommate? Do you need help filing an overcharge complaint? If so, we would be happy to assist. At Outerbridge Law, we have helped roommates recover money they never should have paid, and are here to help you if you have been affected by a greedy roommate. Contact us to schedule a consultation.

Outerbridge Law, P.C.
(212) 364-5593
[email protected]
www.outerbridgelaw.com
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