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54 GREENE STREET REALTY CORP. v. SHOOK

8 A.D.3d 168 (2004)

779 N.Y.S.2d 77

54 GREENE STREET REALTY CORP., Appellant-Respondent, v. KENNETH R. SHOOK et al., Respondents-Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 22, 2004.

Although the tenant violated Rent Stabilization Code (9 NYCRR) § 2525.7 by charging the roommate more than half the monthly stabilized rent, the IAS court properly refused to eject the tenant and his roommate since the amount of overcharge was small and there was no evidence of bad faith or an intent to profiteer (cf. BLF Realty Holding Corp. v Kasher, 299 A.D.2d 87, 91 [2002], lv dismissed 100 N.Y.2d 535 [2003]; compare...

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