Murphy v. Carter

I agree with the majority *77that summary judgment was improperly granted to the petitioner landlords but would grant summary judgment to the respondent tenant.

The landlords moved for summary judgment seeking to evict the tenant from his apartment on the ground that he charged a roommate more than a proportional share of the rent in violation of Rent Stabilization Code (RSC) (9 NYCRR) § 2525.7 (b).

This rent-stabilized tenant has occupied the subject premises for 25 years and is a mentally disabled individual in his mid-forties who suffered traumatic brain injuries in the 1990s. This has resulted…