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have been in illegal sublet for 7 years!

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

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have been in illegal sublet for 7 years!

Postby minus1 » Thu Sep 26, 2002 11:00 am

and now the building management is putting pressure on the super to weed out those who aren't supposed to be here. Do I have any rights as a tenant?
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Re: have been in illegal sublet for 7 years!

Postby MikeW » Thu Sep 26, 2002 11:13 am

Have you been served with an eviction notice yet? If not, find a lawyer NOW and start an illusary tenancy proceeding against the prime tenant. You can end up with possession of the apartment under stabilization. If you have been overcharged by the prime tenant, you can also go after him for triple the total amount of the overcharge.

However, if the LL starts an eviction proceeding agaist you and the prime tenant, I believe you lose the right to file for illusary tenancy, so you need to talk to a lawyer RIGHT AWAY.
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Re: have been in illegal sublet for 7 years!

Postby tdriggs » Thu Sep 26, 2002 5:48 pm

I was told I had an illusory tenancy case, but the fees for a lawyer could be anywhere from $1,500 to $5,000. What if you can't afford a lawyer?
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Re: have been in illegal sublet for 7 years!

Postby subcriminal » Mon Sep 30, 2002 1:33 pm

If you are truly poor call the legal aid society. They have a minimum income requirement, if u dont meet it you will certainly have to finance your own lawyer. Fact of life.

In that case... What you need to do is decide how badly u want that apartment under your name. Consider the cost of having to move out, and pay higher rent elsewhere vs. shelling out the money for a lawyer now, and winning that apartment. In the long run it is much cheaper, and more beneficial to fight for that rent stabilized unit.

Get a good tenant lawyer with experience on retainer, and see if U can work out payments (once the retainer fee is exhausted) on a monthly basis if money is a problem. Borrow from family and friends if you have to. The hardest part is getting the cash for the retainer fee. Once you get that together things will be a little easier.

A good lawyer will cost you money, but in my experience they are well worth it. Taking on the legal system on your own is not worth it unless you happen to have a law degree.

You are lucky enough to have this opportunity to (legally) take over a rent stablized unit. If you aren't willing or are sincerely unable to finance a lawyer I suggest you start packing. Sorry if that sounds harsh, but thats really what it comes down to. :(
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