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Posted by Pete on April 14, 2000 at 23:20:23:

In Reply to: sublet overcharge posted by mlombardi on April 14, 2000 at 18:00:21:

: I sublet an apartment in Manhattan, and subsequently discovered that the tenant was charging me more than the rent paid to the landlord. The landlord had not been notified that the sublet was taking place. I have since vacated the apartment.

: Do I have the right to sue for the rent overcharge and 3 times that in damages, as one of the DHCR forms indicates, even though the sublet didn't follow the legal guidlines? If so, how do I go about bringing such an action?

you said 'DHCR' but you never said the apt was stabilized. anything over 10% for furniture is overcharge in stabilized. maybe controlled, too. but not other apts. http://tenant.net/Tengroup/Metcounc/Mar96/sublet.html

how? you sue tenant in small claims if overpayment is less than $3000, the judge multiplies it by 3. first you go in person to DHCR office with picture ID, lease, recent mail/bill with that apt's address on it, ask for rent history: then you'll know if you were overcharged.

Follow Ups:

• Re: sublet overcharge: only if stabilized nyhawk 04/15/00 (0)

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: : I sublet an apartment in Manhattan, and subsequently discovered that the tenant was charging me more than the rent paid to the landlord. The landlord had not been notified that the sublet was taking place. I have since vacated the apartment.

: : Do I have the right to sue for the rent overcharge and 3 times that in damages, as one of the DHCR forms indicates, even though the sublet didn't follow the legal guidlines? If so, how do I go about bringing such an action?

: you said 'DHCR' but you never said the apt was stabilized.  anything over 10% for furniture is overcharge in stabilized. maybe controlled, too.  but not other apts.  http://tenant.net/Tengroup/Metcounc/Mar96/sublet.html

: how? you sue tenant in small claims if overpayment is less than $3000, the judge multiplies it by 3. first you go in person to DHCR office with picture ID, lease, recent mail/bill with that apt's address on it, ask for rent history: then you'll know if you were overcharged.


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