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Posted by chelsea on July 14, 2001 at 10:55:49:

In Reply to: Question: Who's overcharging? posted by chelsea on July 14, 2001 at 09:19:31:

Clarifying: When I wrote, "there may not be an overcharge," I meant, there may not be an overcharge by the primary tenant, as it may be the landlord, rather than the primary tenant, who's overcharging.

I believe that the recent amendments to the RSC state that subletting without the landlord's permission is grounds for eviction, whether or not there's an overcharge. But it seems to me that if a landlord were substantially overcharging a primary tenant, that landlord would be on somewhat shaky grounds seeking to evict that tenant on grounds of an illegal sublet. Though these days, maybe not. Anyone seen a case like that?

: A question:

: The original posting said the subtenant is paying $800 above the legally regulated rent. Does the subtenant know the actual rent paid by the primary tenant -- i.e. the same as the legally regulated rent or above that? If the landlord is overcharging the primary tenant, and the primary tenant is passing it along to the subtenant, it may not be an overcharge, or at least it may not be intentional.

: : Also, I recently found out that I'm paying $800 a month more than the legally regulated rent.

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Comments:
: Clarifying:  When I wrote, "there may not be an overcharge," I meant, there may not be an overcharge by the primary tenant, as it may be the landlord, rather than the primary tenant, who's overcharging.   

: I believe that the recent amendments to the RSC state that subletting without the landlord's permission is grounds for eviction, whether or not there's an overcharge.  But it seems to me that if a landlord were substantially overcharging a primary tenant, that landlord would be on somewhat shaky grounds seeking to evict that tenant on grounds of an illegal sublet.  Though these days, maybe not.  Anyone seen a case like that?

: 
: : A question:

: : The original posting said the subtenant is paying $800 above the legally regulated rent.  Does the subtenant know the actual rent paid by the primary tenant -- i.e. the same as the legally regulated rent or above that?  If the landlord is overcharging the primary tenant, and the primary tenant is passing it along to the subtenant, it may not be an overcharge, or at least it may not be intentional.

: : : Also, I recently found out that I'm paying $800 a month more than the legally regulated rent. 


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