Ram I, LLC v. Mazzola

No. L&T 72479/01 (N.Y. Civ. Ct. Housing Part, May 30, 2001) ; Clearinghouse Number: 53844

Description

Landlord Has Valid Cause of Action for Evicting Rent-Stabilized Tenant Who Charged Roommate Disproportionate Share of Rent

Abstract

New York City Housing Court held that a recent amendment to the Rent Stabilization Code, which prohibits rent-stabilized tenants from charging roommates more than their share of the regulated rent, creates a cause of action for eviction. Petitioner alleged that respondent, an elderly and infirm tenant of over thirty years, violated that provision of the code. Relying on 520 E. 81st St. Association v. Roughton-Hester, 157 A.D.2d 199 (1st Dept. 1990), respondent filed a motion to dismiss the eviction. Respondent argued that neither the lease nor any law governing rent-stabilized apartments permitted a landlord to evict a tenant for earning a profit from the rent charged a roommate; that the eviction was another in a series of efforts to intimidate a long-standing tenant into leaving a valuable apartment; and that the code aimed to protect tenants from eviction, not create new grounds for eviction. Rejecting respondent’s arguments, the court said that petitioner stated a valid cause of action in light of the recent Code amendment dealing with the issue of tenants who earn a profit from a roommate.

Additional Information

Attorney Information
Attorney for the petitioners Darnay Hoffman, 210 West 70th Street, New York NY 10023 (212.712.2766)
Docket Date
2001-05-30 00:00:00+00:00