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Posted by Mark Smith on July 24, 2000 at 22:19:46:

In Reply to: Is it legal for a Broker to charge a fee on my existing living space? I am supposed to finalize this soon, so please help... posted by Chris on July 24, 2000 at 17:36:27:

It is clearly illegal for the landlord of a rent stabilized apartment to demand a security deposit of more than one month's rent. It doesn't matter that the landlord is calling it one month's security and last month's rent.

The landlord's insistence that you pay a brokerage fee to his broker is probably also illegal.

What is the landlord demanding as a rent increase? A renewal increase of 2% or 4%, or a vacancy increase of 18% or 20%?

But remember, the landlord doesn't have to give you, as a roommate, a lease.

I don't think it's a good idea to withhold rent for the broker's fee, which probably will be paid directly to the broker, and not to the landlord. You might be better off filing a complaint with the New York State Department of State, which licenses real estate brokers, or suing the broker and the landlord in small claims court.

:
: My roommate who holds the lease is moving out and their lease runs out Sep. 1st. The landlord said I can renew the lease on that date, but must go through his broker, to draw up the lease. The Broker is trying to charge a fee equal to 10% of of a years rent in as part of the lease renewal process. I am concerned if I refuse to pay the fee, the broker won't give me the lease and will try to kick me out. A tenants lawyer suggested paying the fee and then withholding the fee from my future rent. Is there any other option, as paying them at all seems not only immoral, but illegal. Can the broker withhold the lease and evict me if I refuse to pay this fee? Also, on top of first and last month's rent, they are trying to charge a month's security deposit as well as the brokers fee. I have been living in the space for nearly two years. What are my options. I need to remedy this this week, any help would be great...
: Chris

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Comments:
: It is clearly illegal for the landlord of a rent stabilized apartment to demand a security deposit of more than one month's rent.  It doesn't matter that the landlord is calling it one month's security and last month's rent.  

: The landlord's insistence that you pay a brokerage fee to his broker is probably also illegal.  

: What is the landlord demanding as a rent increase?  A renewal increase of 2% or 4%, or a vacancy increase of 18% or 20%?  

: But remember, the landlord doesn't have to give you, as a roommate, a lease.  

: I don't think it's a good idea to withhold rent for the broker's fee, which probably will be paid directly to the broker, and not to the landlord.  You might be better off filing a complaint with the New York State Department of State, which licenses real estate brokers, or suing the broker and the landlord in small claims court.  

: :
: : My roommate who holds the lease is moving out and their lease runs out Sep. 1st. The landlord said I can renew the lease on that date, but must go through his broker, to draw up the lease. The Broker is trying to charge a fee equal to 10% of  of a years rent in as part of the lease renewal process. I am concerned if I refuse to pay the fee, the broker won't give me the lease and will try to kick me out. A tenants lawyer suggested paying the fee and then withholding the fee from my future rent. Is there any other option, as paying them at all seems not only immoral, but illegal. Can the broker withhold the lease and evict me if I refuse to pay this fee? Also, on top of first and last month's rent, they are trying to charge a month's security deposit as well as the brokers fee. I have been living in the space for nearly two years. What are my options. I need to remedy this this week, any help would be great...
: : Chris


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