Posted by Provost on July 13, 2001 at 22:12:42:
In Reply to: Lilly gave very bad advice! posted by nyhawk on July 13, 2001 at 19:59:59:
Hawk has an interesting strategy, but the desired results are by no means guaranteed and substantial outlays in legal expenses and time are involved. And yes, it takes chutzpah to oust a primary tenant from his apartment.
Since a subtenancy is by its nature a short-term housing option, the tenant would do well to consider other housing options along with strategies such as Lilly's and Hawk's.
: Lilly said "you have a couple of options: talk to the tenant and: (1) don't pay until you have recouped the overcharge(takes chutzpa) (2) file with DHCR and go for treble damages(takes years and years and years."
: option 1 is absurd and unworkable; if either option were used the prime would terminate the sub-tenancy in a new york minute.
: this is an "illusory tenancy" situation! The better option is saying absolutely nothing to the prime tenant (otherwise he or she will cover tracks and/or promptly oust the sub-tenant) and instead suing the prime tenant in supreme court, having the prime tenant declared to be an illusory tenant, getting the sub-tenant declared to be the actual prime tenant, having the court order the landlord to offer the new prime tenant (the person who was the sub-tenant) a rent stab. lease in his or her name AND suing the prime tenant for rent overcharging and treble damages for willful overcharging. My option gets the overcharged money back and then some, plus a rent stabilized lease! That's a big plus and a big difference in available options!!!!!!!!!!!!
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