Posted by Amy on November 20, 2000 at 10:28:31:
I'm hoping someone out there can help me with a rather technical question. In short, if a landlord loses a DHCR illusory prime tenancy claim by a sublettor and is forced to issue sublettor a lease, is he also subject to any fines/penalties/damages?
I have been subletting my rent-stabilized Manhattan studio for over a year. I filed a DHCR complaint of an illusory prime tenancy several months ago against my landlord. It is a very strong claim, well-researched and presented. I have an excellent chance of winning. After three months of silence from my landlord and his not cashing my checks, he is suddenly barraging me with calls wanting me to come in and sign a lease in his office. Of course, that is what I wanted in the first place, and it feels great to have scared him so, but I'm not sure what the best course of action is. Do I have any financial leverage with him to deal with me if I sign the lease with him and drop the complaint? My last three months' rent is currently in escrow... I'm tempted to tell him that if he will waive this, I'll sign the lease and make the complaint go away, but I feel like first I need to have an informed sense of the actual penalties/concequences he faces as a result of losing the DHCR complaint. For me, now, it looks like a win/win situation, but I'd love to make it as beneficial to me as possible. What are the adv/disadv of signing with him and what can I hold over his head to make it worthwhile for me?
Thanks for any help!
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