Legal Question in Real Estate Law in New York

Apartment share "Proportional Share of Rent"

I live in a rent stabilized apartment in NYC. If I take in a roommate, how much am I legally allowed to charge? Apartment is fully furnished, utilities and cable would be included in the monthly rent. All the roommate would need to bring are her personal effects.

1)Can I be evicted if I charge more than half the

rent?

2)Could a roommate sue me for overcharging if she

pays more than half?


Asked on 6/07/00, 3:49 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Apartment share

First question - does the lease allow you to sublet? If not, this could be grounds to terminate the lease. If it does, you are considered a sub-lessor and are probably subject to the same laws as your landlord - tyherefore, since it is a rent stabilized apartment, your sub-tenant is entitled to the same protection you are, and you should not charge more than 1/2 of the rent. You are allowed to charge her share of any additional costs - electric, cable, etc., based upon her usage. If she uses more than 1/2 of these services, she can be charged more than 1/2. To be safe, I would charge 1/2 of your rent, plus her share of the other services you are required to pay, rather than lump them into an overall rent figure.

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Answered on 7/27/00, 10:20 am


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