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Posted by Stacy on May 11, 2000 at 17:02:04:

In Reply to: Re: managing agent illegal? probably illegal rent too posted by JJ on May 10, 2000 at 15:57:46:

: : I've just moved into a deregulated, six-unit building. We found the apartment through a colleague of my husband's who was vacating; she notified the managing agent that would would like to apply for the apartment. He said he was "contractually obligated" to send all his vacant apartments through a certain broker. We applied through the broker and got the apartment, and when it was time to make out the checks for the broker's fee, we were told to make out one check, for 60% of the fee (roughly $1500) directly to the managing agent. I checked the licensing databases, and he's a licensed real estate broker, but since he's also the managing agent of out apartment I'm pretty sure this meets the definition of illegal key money. This question is, where do I go from here? Who has jurisdiction? Is my best bet to hire an attorney--and will that just lead to a drawn-out court battle?

: >>>>>>>>>>>>>>>>>>>>>>>>>>>

: I'm pretty sure this subject and who has jurisdiction was covered recently. Use the little white box at the top of the page.

I searched extensively and couldn't find anything addressing this issue, specifically. I also called the Manhattan office of the state's attorney general, but no one there seemed to have a clue.

: New subject: 6 units deregulated? Don't take his word for it. Some previous tenant would have to have actually paid a LEGAL rent of >$2000 then move out for it to be deregulated. Magic increase to $2000 for alleged improvements during a vacancy are not enough by themselves. If you are already in the apartment, call DHCR and ask for a Rent History: this will list the registered stabilized rents from 1984 to date. Even if someone paid $2000 before you, if you can challenge it. If it was rent controlled then vacant it is a little more complicated but you still can challenge it. Please do this for all of us (although you will get a big refund if you win and rent reduction) as these illegal deregulations are the driving force behind the landlords aggressive eviction for no reason going on all over town.

The rent is well below $2000 (it's a studio apartment), and I'm quite sure it never reached that high; however, the agent once made an offhand reference to the owner having lived there for a number of years. Aren't owner-occupied apartments deregulated? In any case, I ran the building through TenantNet's "are you stabilized" thing, and it said some apartments in the building are stabilized and some are controlled.

I did e-mail DHCR to request a rent history, so hopefully something will come of that. I'm still trying to figure out my key quandry, however: are deregulated apartments still subject to the no-fees-for-owners/managing agents clause (the key money rule)? And are overcharges still subject to treble damages in deregulated apartments? Any info would be very much appreciated.

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• Re: managing agent illegal: key money, overcharges Anna 05/12/00 (0)

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: : : I've just moved into a deregulated, six-unit building. We found the apartment through a colleague of my husband's who was vacating; she notified the managing agent that would would like to apply for the apartment. He said he was "contractually obligated" to send all his vacant apartments through a certain broker. We applied through the broker and got the apartment, and when it was time to make out the checks for the broker's fee, we were told to make out one check, for 60% of the fee (roughly $1500) directly to the managing agent. I checked the licensing databases, and he's a licensed real estate broker, but since he's also the managing agent of out apartment I'm pretty sure this meets the definition of illegal key money. This question is, where do I go from here? Who has jurisdiction? Is my best bet to hire an attorney--and will that just lead to a drawn-out court battle?

: : >>>>>>>>>>>>>>>>>>>>>>>>>>>

: : I'm pretty sure this subject and who has jurisdiction was covered recently.  Use the little white box at the top of the page.

: I searched extensively and couldn't find anything addressing this issue, specifically. I also called the Manhattan office of the state's attorney general, but no one there seemed to have a clue. 

: : New subject: 6 units deregulated?  Don't take his word for it.  Some previous tenant would have to have actually paid a LEGAL rent of >$2000 then move out for it to be deregulated.  Magic increase to $2000 for alleged improvements  during a vacancy are not enough by themselves.  If you are already in the apartment, call DHCR and ask for a Rent History: this will list the registered stabilized rents from 1984 to date.  Even if someone paid $2000 before you, if you can challenge it.  If it was rent controlled then vacant it is a little more complicated but you still can challenge it.  Please do this for all of us (although you will get a big refund if you win and rent reduction) as these illegal deregulations are the driving force behind the landlords aggressive eviction for no reason going on all over town.

: The rent is well below $2000 (it's a studio apartment), and I'm quite sure it never reached that high; however, the agent once made an offhand reference to the owner having lived there for a number of years. Aren't owner-occupied apartments deregulated? In any case, I ran the building through TenantNet's "are you stabilized" thing, and it said some apartments in the building are stabilized and some are controlled. 

: I did e-mail DHCR to request a rent history, so hopefully something will come of that. I'm still trying to figure out my key quandry, however: are deregulated apartments still subject to the no-fees-for-owners/managing agents clause (the key money rule)? And are overcharges still subject to treble damages in deregulated apartments? Any info would be very much appreciated. 


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