Posted by Anna on June 22, 1999 at 13:11:05:
In Reply to: subletting a rent stabilized apartment posted by Robin on June 22, 1999 at 11:25:45:
: I'm subletting an apartment for the summer from two people (A&B, who are in spain for the summer) that are subletting the place for the whole year from someone else (C, who is in new jersey) who I have had no contact with. I don't know the legal ramifications of this but that's not my question.
: I didn't know the apartment was rent stabilized until I received a notice from the rent stabilization board (addressed to C) that I opened because it looked important and A&B and I had agreed that I would open any timely looking mail. In this letter, I found out that the apartment is rent stabilized at $1135.06 per month. I was told by A&B that the rent was $1700. I have already paid them $2550 (half of 3 months rent). I don't know if A&B know that the actual rent is $1135.06, C might not have told them. Also, I never signed a subletting lease. I am willing to pay the 10% increase for a furnished apartment but no more. If I refuse to pay any more money than $1135.06 +10% per month, can C kick me out of the apartment?
: Remember, although I have a cancelled check, I have no lease. And I did verbally agree to $1700 per month. If I decided to threaten legal action just to try to get A&B to agree to decrease my rent, should I tell A&B that I'll name them or would I have to name C?
First: I've never received anything from DHCR, ever, unless I called them & asked for it. That thing you're referring to sounds like the tenants' copy of the DHCR apt registration form which is mailed by the landlord to the tenant, presumably when the LL mails the apt & bldg registrations to DHCR (due 6/30 or 7/31 every year).
Second: the sub-sub-let is probably illegal and therefore would be cause for the LL to evict both the tenant & the subtenant. Then the LL gets the apt off the rent stab rolls: is that a good thing?
Third: the name for the type of overcharge you are victim to is 'rent gouging' and is illegal, with treble damage penalties. It is also cause for everyone to get evicted & the LL to get the apt: see above. Plenty of info on TenantNet Home & on this message board.
Fourth: even if you don't start it, this will end up in Housing Court: you will be called as a witness. It's a long ugly process for tenants: you want this?
Suggestion: don't pay any more rent, let A&B know why when they get back to town, let C know only if you want to cause trouble for everyone... including yourself.
Note: you did not mention how much A&B were paying to C. $1700? = rent gouging! Should you tell A&B and when? Your call.
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