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Small Claims?

Posted by Tuck on May 12, 1999 at 21:47:17:

In Reply to: Re: Define Furnished? posted by AdamS on May 12, 1999 at 21:29:24:

: : : I'm being overcharged in a stabilized bldg. Landlord says apartment is "furnished" and, accordingly, can charge an extra 10%. This place is not furnished unless LL can count kitchen appliances and cabinets. Does anyone know a standard definition of "furnished" that the DHCR uses/respects?
: : : AdamS

: : *******

: : Appliances, sinks, and kitchen cabinets are not 'furniture' in the USA, they are 'fixtures'. I've only heard of 10% surcharge for subletting a furnished apt: are you subletting or are you the leaseholder? read the DHCR section on TenantNet, read more about overcharges in these msgs & archives, then call DHCR or go in person & check your apt rental history.

: Thanks. I am subletting. I've read everything in DHCR and understand the 10% rule for furnished apts (I was paying less than 10% more than legal rent). I am suing in small claims court. My contract with the overtenant is silent on furnishings. My problem is how to prove it wasn't furnished. Should I contact the true Landlord (not just the overtenant from whom I rent)? By the way, I moved out in January 99. Thanks.
: AdamS

I am assuming you are suing in small claims because you don't want to pay the atty's fees to do it in civil court. You are entitled to treble damages. Does anyone know if an overcharge asking for treble damages can be done quickly through the DHCR or other without an atty?

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