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Posted by Kim on August 16, 2001 at 15:50:28:

In May, I moved into a $1450/mo studio apartment in a six-unit building in Manhattan. Several units in the 100-yr-old building are rent stablized; the lease I signed says mine is not.

I found the apartment through a friend who was moving out; we went to the landlord and said I wanted to rent it. He said we had to go through his broker. The broker never once entered the apartment with me--I've never even met the woman, only spoke with her on the phone. Needing an apartment, I agreed to pay the broker's fee the landlord said we'd have to pay--I figured I'd sort it out later.

When it was time to sign the lease, I was asked to make a check for 60% of the broker's fee out to the managing agent. I have certified checks to prove this. So, key money--that's issue #1.

While investigating the key money issue, I went to DHCR and got a copy of my rent history, back to '84. From 1984-1998 the registration shows the apartment as temporarily vacant because of commercial occupation. (The listed tenant is "Contemportary Guidance Service.") The actual and legal rents are both listed as $0.

In 1998, the tenant changes to "Debra Wolf," and the apartment is listed as permenantly exempt. Reason given: High rent vacancy. The actual and legal rent is still listed as $0. There is no registration after 1998.

I've consulted two lawyers, and they've both said this appears to be out-and-out fraud. Problem is, as much as I know it's in my long-term interests, I can't afford to pay a lawyer to take this to court. Both have estimated it would cost $5K-$8K. My lease allows for reimbursement of lawyers' fees, but I can't scrounge up the cash for the up-front expenditure.

So...has anyone actually gone through DHCR with a similar case? It's pretty blatently illegal, but also complicated enough that I'm worried they would give the landlord a chance to claim it was an accident and reregister the apartement or something. Alternatively, anyone have an experience with going to supreme court pro se?

All advice highly appreciated! Thanks.

Follow Ups:

• Re: strange rent overcharge--how to combat? me 08/17/01 (0)
• Re: strange rent overcharge--how to combat? john 08/17/01 (0)
• Re: strange rent overcharge--how to combat? Lilly 08/17/01 (0)

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: In May, I moved into a $1450/mo studio apartment in a six-unit building in Manhattan. Several units in the 100-yr-old building are rent stablized; the lease I signed says mine is not. 

: I found the apartment through a friend who was moving out; we went to the landlord and said I wanted to rent it. He said we had to go through his broker. The broker never once entered the apartment with me--I've never even met the woman, only spoke with her on the phone. Needing an apartment, I agreed to pay the broker's fee the landlord said we'd have to pay--I figured I'd sort it out later. 

: When it was time to sign the lease, I was asked to make a check for 60% of the broker's fee out to the managing agent. I have certified checks to prove this. So, key money--that's issue #1.  

: While investigating the key money issue, I went to DHCR and got a copy of my rent history, back to '84. From 1984-1998 the registration shows the apartment as temporarily vacant because of commercial occupation. (The listed tenant is "Contemportary Guidance Service.") The actual and legal rents are both listed as $0.

: In 1998, the tenant changes to "Debra Wolf," and the apartment is listed as permenantly exempt. Reason given: High rent vacancy. The actual and legal rent is still listed as $0. There is no registration after 1998.

: I've consulted two lawyers, and they've both said this appears to be out-and-out fraud. Problem is, as much as I know it's in my long-term interests, I can't afford to pay a lawyer to take this to court. Both have estimated it would cost $5K-$8K. My lease allows for reimbursement of lawyers' fees, but I can't scrounge up the cash for the up-front expenditure.

: So...has anyone actually gone through DHCR with a similar case? It's pretty blatently illegal, but also complicated enough that I'm worried they would give the landlord a chance to claim it was an accident and reregister the apartement or something. Alternatively, anyone have an experience with going to supreme court pro se?

: All advice highly appreciated! Thanks.  


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