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Re: The doctrine of "illusory tenancy" is not is some legal authority

Posted by Phil shore on September 06, 2000 at 14:59:10:

In Reply to: Re: The doctrine of posted by James on September 06, 2000 at 12:31:39:

That is good advice. Even with a good lawyer it is difficult to win a case for subtenants. I won as a subtenant, but only after a ton of work and money.And I was paying market rents until I learned I was overcharged rent when I called DHCR.

Some of the things I did which could only work for me, is I hired a lawyer to just prepare the DHCR forms for overcharge and illusiory tenant.And then hired him in court when I needed him.The bill I got from my lawyer was lower butI still had a huge lawyer bill.

: The only problem is putting this into action. It take quite a bit of money to retain a lawyer to file an action in civil court, and depending on how desireable the apartment is the prime tenent could fight tooth and nail for it. And if the subtenet loses you can bet that they won't be allowed to remain the that apartment for long, and they will also be liable for legal fees if they don't prevail. It sounds like a good idea on the surface, but leagal action almost always seems to end up being a protracted expensive affair. This type of advice appears to give hope to subletters that they can simply go and have an illusionary tenancy declared, I belive that it is possible, just not something that can be achieved in a easy, simple manner. (ie it is best pursued by the wealty who could afford market rents as it is)

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