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Renting room to guy hasn't paid in a year - has recordings

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Renting room to guy hasn't paid in a year - has recordings

Postby Marcus66ny » Mon Jan 03, 2022 12:05 am

I have had a rent controlled apartment since 1970. In 2019 this guy moved in and had no problem paying his rent on time for over a year. I live in New Jersey but a few weeks ago I started living in one of the rooms in that apartment to establish I live there when going to court because he has not paid rent in over a year citing that he lost a lot of income because of the pandemic. He stopped paying in the middle of march 2020, resumed paying rent in july until the end of october then has not paid rent since.

The problem I have is..I admit it, I screwed up. A couple of months ago I just got fed up was at my wits end and I told the super to turn off the electricity (He was the only one in the apartment at the time) - I never though this guy would call the police and he did. I admit I lied to the guy and told him I couldn't afford it but the office had him call con-ed and they said they didn't turn it off, they got ahold of my super and had him turn it back on, it was humiliating. This really got the deadbeat angry because he complained that the fridge broke about 9 months ago and actually reported me, fortunately the building owners contacted the super to fix the issue so they still don't know. I did replace the fridge last month.

Last year in the beginning of Jan I offered to help this guy find a room and pay his moving expenses including the first months rent but he didn't accept that, instead he tried to force me to give him information so he could apply for rent relief which I of course didn't. He said moving would be a solution for me but not for him as he still was not working but what about me? I have not received rent in over a year. I charged him 250 a week to live in manhattan, electricity included and then he accuses me of scamming him and the building??? I also never gave him receipts for the rent but he said he has the recordings of us acknowledging he paid rent for 14 months of the 2 1/2 years he's lived here.

I confronted him today to see what was going on and the guy freaked out on me. He said he's taking me to court overcharging him (it is a rent controlled apartment) he asked me how much the rent was but I didn't tell him so he won't have that if he takes me to court. He also said he's taking me to court for the 9 months the fridge wasn't in there saying he spent over 20 dollars a day eating out...he can afford that but he can't pay me? And harassing him by turning off the electricity and offering to buy him out. I told him he didn't have any proof then he dropped a bomb on me, turns out the deadbeat has been recording every (or most) of the phone calls all this time. He also said that if needed he will have the cop testify in court that I told him I lived in New Jersey, I don't remember saying that but I might have? I do remember the cop telling him that the body cam recorded the whole thing, can he actually get ahold of that video if the cam was on? He also said he contacted an attorney who told him since the super turned off the electricity that he can sue the building because the super was "an agent of he building" whatever that means. I asked him if he was trying to get the apartment and he said he wasn't, that he knows he has to move and that he was aware that he didn't own this apartment but had the nerve to tell me I didn't own it, my name is on the lease!!! He's using this pandemic as an excuse, since I moved in he's been home all day and not working living off of me. They came out with a vaccine for the pandemic almost a year ago! He probably didn't even get the vaccine.

I can't lose this apartment, I've had it for almost 50 years now and it has been a blessing for when my family visits several times a year and I use 2 of the rooms for storage and my brother who lives next door uses it also. I would appreciate any advice if this guy does take me to court, maybe he was just saying it to scare me? Since they are only audio recordings can he use those in court? I did research online and I saw where recordings were used in court but they were video recordings. When I did offer to help him move my son and sister talked to him. Sine he talked to them about it can those recordings still be used in court if my name is on the lease? Can he actually sue me for overcharging him? Can he sue me for the fridge being out even though he didn't pay me a dime and can he sue me or the building for having the super turn off his electric? Now the super is pissed at me because of this guy. Can he record our conversations without my consent? I didn't tell him how much I paid rent but he said he's going to find out, isn't what I pay rent confidential???

Please once again I can't lose this apartment. I have a lot of memories here growing up, I've worked hard all my life i'm just a retiree trying to survive. Any advice would be greatly appreciated, thank you!
Marcus66ny
 
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Re: Renting room to guy hasn't paid in a year - has recordin

Postby TenantNet » Mon Jan 03, 2022 1:36 am

This post is long. Every so often we get a post like this, it's instructive for all tenants to know how and when the system can be abused, here it appears by the primary tenant.

We are still in a pandemic and yes, times are tough for tenants, and perhaps some landlords ... maybe.

First you say you live in NJ, not NYC and that you use the unit for visiting family members, for storage and for your brother. Seriously, that goes against all the issues that rent regulation was created to solve. From what you say, your primary residence is in NJ and apparently that's not a vacation cottage (which is permissible). It appears you are abusing the system here ... and giving credibility to all the (usually false) claims by landlords.

You aren't getting much sympathy from us by calling the roommate a "deadbeat." It's a pandemic and you're acting like a jerk.

Asking the super to turn off electricity is harassment, perhaps retaliatory and probably a criminal violation (in addition to being a civil offense). Be thankful you weren't arrested.

If the refrigerator is out, that's a service being denied to the roommate. He might be entitled to an abatement in a court proceeding. (either from you are the building owner, not certain)

Our understanding that the roommate is likely within his rights to file for rent relief ("ERAP"). Even if landlords (you) don't cooperate, he might still get the help (the money goes to the landlord, not the tenant), but chances are you would be precluded from seeking his eviction for up to 12 months. So you might be delaying your ability to get the money (or for the building owner to get its rent).

That you charged him $1,000 a month for a room in a RC unit, any claim of overcharge would likely depend on how much rent you are paying to the building owner.

The overcharge issue is complicated. I'm not sure if it's still on the books, but there was a provision that a tenant could not charge a roommate more than 50% of the rent (excluding utilities). However that might have been only for RS tenants, not RC tenants. I'd have to research it, but not now (it's close to midnight) and you could research that yourself. Start with DHCR Fact sheets. That you don't really live there is another factor. Understand that by having a roommate, or a sublet, you are taking on the role of a landlord. So can he sue you for overcharge? Probably.

Audio recordings? NYS is a one-party consent state. See https://www.dmlp.org/legal-guide/record ... versations
and also https://www.dmlp.org/legal-guide/new-york-recording-law

So the recording itself is likely legal, but getting it admitted as evidence in a trial is not the same thing. That would be up to a judge.

As for your rent, that's also a question. I think DHCR allows roommates to FOIL rent info (but not the general public). However, RC units are not registered every year. They might have MBR/MCR information.

Our advice, try to negotiate a solution, and don't be a jackass about it. Stop feeling entitled. You got yourself into this mess.

Things like this will consume your life, so why make it worse? You should probably speak to an attorney to find out your rights ... AND your responsibilities.

And if the apartment is so precious to you, then you should actually live (and sleep) there at least 183 days a year ... that's the magic number.
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