Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    25 Broad St., # 17P, is a one bedroom on the market for $985,000.
    Rent
    Financial District takes the top spot on StreetEasy’s neighborhoods to watch in 2026
    Lower Manhattan buildings
    Sell
    Manhattan deals and median sales price rise for fifth consecutive time
    image
    The Search
    How to move to NYC: A crash course for finding an apartment
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    25 Broad St., # 17P, is a one bedroom on the market for $985,000.
    Rent
    Financial District takes the top spot on StreetEasy’s neighborhoods to watch in 2026
    image
    The Search
    How to move to NYC: A crash course for finding an apartment
    rent negotiations nyc brick underground
    The Market
    8 ways to negotiate a smaller rent increase at lease renewal time
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    renovating before selling
    Renovation
    How much should you renovate your NYC apartment or house before selling?
    Lower Manhattan buildings
    Sell
    Manhattan deals and median sales price rise for fifth consecutive time
    staged outdoor space NYC at 212 East 70st St. #4b
    Staging + Open Houses
    Selling in winter? Here's how to stage your outdoor space
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    The New Kings of New York’
    Live
    Brick’s next Book Club read will be ‘The New Kings of New York'
    Christmas tree ornaments
    Neighborhood Intel
    Take the poll for Brick Underground’s annual Tipping Guide
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    renovating before selling
    Renovation
    How much should you renovate your NYC apartment or house before selling?
    image
    Renovation
    5 quick and inexpensive renovation projects if you're selling your apartment or house
    NYC buildings in winter
    Improve
    How to warm up your chilly NYC apartment: Brick Underground's best advice
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Manhattan street view of apartment buildings with street-level retail
    Rent
    Ask Altagracia: Do I have to move out temporarily if the landlord wants to make repairs?
    Sponsored By Outerbridge Law P.C.
    Manhattan apartment buildings
    Rent
    Ask Altagracia: Can I avoid eviction if I’m struggling financially?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: Can I sue my roommate for charging me more than my fair share of the rent?

By Himmelstein McConnell Gribben & Joseph LLP  | June 23, 2015 - 1:59PM
image
SHARE:
Share to Facebook
Share to Twitter
Print
More...

Dear Sam: I’ve been living as a roommate in a rent-stabilized apartment that I found on Craigslist, and am thinking of suing for a rent overcharge. It’s an alleged two-bedroom, but one of the rooms is makeshift with no window. And my roommate, who’s the primary leaseholder, charges me more than half the rent. Is this legal?

While market rate renters can charge roommates as much as they want, if your roommate is reaping the benefits of rent stabilization, they're not legally allowed to rip you off, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations.

"What the roommate is doing violates the rent stabilization code, which limits the rent that the tenant can charge to their proportionate share," Himmelstein explains. "The calculation is pretty simple: take the rent and divide it by the number of tenants and roommates. It doesn't matter how much space you occupy [or if someone has a bigger room]."

This means you are indeed within your rights to sue your roommate to recover the extra money you've splashed out, but unlike an overcharge case with a landlord, you're just entitled to the excess rent you've been paying, not triple damages. If your roommate has been charging you so much that you're actually paying more than the legal rent, the situation is more serious, though, as their actions could be considered profiteering. "If the tenant is paying a total of $2,000 but charging the roommate $2,500, that could cause the tenant to potentially lose the apartment, whereas a straightforward roommate overcharge would not," Himmelstein says.

The situation is complicated further by the fact that your "makeshift [room] with no window" isn't considered a legal bedroom, meaning that either the landlord or your roommate has been misrepresenting the apartment. "The tenant shouldn't even be renting out that room at all," says Himmelstein. "You could make the argument that you don't have a habitable room."

That said, before you start filing lawsuits and making calls to the landlord, you'd be wise to consider what you want out of the situation. "I'm not sure it would make much sense to rat out your roommate to the landlord, because in the profiteering scenario at least, you could both lose the apartment," says Himmelstein. While your roommate can't legally kick you out without filing an eviction case in Housing Court if you've been in the apartment for more than 30 days, "I've seen these situations before where you have a tenant and a roommate feuding in an apartment and it gets really ugly and uncomfortable," says Himmelstein. Either confront your roommate to work out a new financial arrangement between the two of you, or go ahead and sue—but if you value your sanity, start looking for another place to live.

Related:

Everything you need to know about finding—and living with—roommates

How do I find out if my apartment should be rent-stabilized—and if the landlord owes me money? (sponsored)

Major myths about rent-stabilization, debunked

Ask Sam: How much security deposit can my landlord charge for a rent-stabilized apartment? (sponsored)

See all Ask a Renters' Rights Lawyer


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia rent regulation renting
SHARE
TWEET
BRICK’S PICKS
renovating before selling
How much should you renovate your NYC apartment or house before selling?
Man looking at his phone in NYC street
Why you should check reviews from current tenants before you sign a new lease
brownstone NYC
You bought a NYC brownstone. How are you going to manage it?
three-bedroom duplex condo in Williamsburg is listed for $1.8 million
How much does moving to the suburbs cost vs. staying in NYC?
880 Fifth Ave., PHF, a two-bedroom co-op listed for $6.975 million
The pros and cons of owning a NYC penthouse apartment
empty nesters in modern kitchen
Empty nester checklist: What to consider if you are buying or renting in NYC
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS