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Posted by Mark Smith on July 23, 2000 at 12:00:37:

In Reply to: Re: Is this an Illegal Overcharge on Sublet? posted by brenda on July 22, 2000 at 14:20:27:

I hate to burst Brenda's bubble, when she placed her reply ahead of Richard's, but Richard was correct when he previously wrote, "Actually, there is no limit as to what a roommate can charge as long as they live there."

As part of its plan to amend the Rent Stabilization Code, DHCR is proposing that a roommate be charged no more than the proportion of the rent vaguely related to the area occupied and/or used by the roommate.

For a sublet, you can charge the current rent, plus 10%, if the apartment is fully furnished. For sublets starting on or after October 1, 2000, the Rent Guidelines Board has also authorized a 10% subletting surcharge payable to the landlord.

Then, you could charge a total of 20% over and above the current rent for a sublet of a fully furnished apartment. And you better charge the subtenant at least 10% over the current rent, because you have to pay 10% of the current rent to the landlord, and you will be out of pocket if you don't charge that 10%.

Brenda wrote:
:
: I believe there is a law that one cannot charge more than 10% of the rent
: that is charged. However, that applies to subleases, and perhaps someone
: more knowledgeable than me can give you the current answer.

Follow Ups:

• Re: Is this an Illegal Overcharge to a Roommate? Brenda 07/24/00 (0)

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Comments:
: I hate to burst Brenda's bubble, when she placed her reply ahead of Richard's, but Richard was correct when he previously wrote, "Actually, there is no limit as to what a roommate can charge as long as they live there."  

: As part of its plan to amend the Rent Stabilization Code, DHCR is proposing that a roommate be charged no more than the proportion of the rent vaguely related to the area occupied and/or used by the roommate.  

: For a sublet, you can charge the current rent, plus 10%, if the apartment is fully furnished.  For sublets starting on or after October 1, 2000, the Rent Guidelines Board has also authorized a 10% subletting surcharge payable to the landlord.  

: Then, you could charge a total of 20% over and above the current rent for a sublet of a fully furnished apartment.  And you better charge the subtenant at least 10% over the current rent, because you have to pay 10% of the current rent to the landlord, and you will be out of pocket if you don't charge that 10%.  

: 
: Brenda wrote:  
: :
: : I believe there is a law that one cannot charge more than 10% of the rent
: : that is charged. However, that applies to subleases, and perhaps someone
: : more knowledgeable than me can give you the current answer.


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