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Realtor-Landlord conspiracy or ignorance

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

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Realtor-Landlord conspiracy or ignorance

Postby mjr203 » Tue Jun 04, 2002 11:06 am

I paid a one month fee when I found my apartment which if you read the other thread by me I've found out is rent-stabilized and for which I've been overcharged.

The fee that I paid to the broker should have been less by the amount of the overcharge should it not? Is there any way to pursue the landlord for that amount since if he had not LIED, I would have paid a lower fee or the broker?

most Landlords suck it.
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Re: Realtor-Landlord conspiracy or ignorance

Postby MikeW » Tue Jun 04, 2002 4:10 pm

Two separate issues. File a DHRC complaint (or go to housing court) to cure the overcharge. Then take the broker to small claims court to deal with the fee overcharge.

I'm not sure how much traction you'll get on the fee. I don't think the fee is set by law, so a broker can, to some extent charge what they want. If they tell you they charge one months rent as a fee, then tell you that the rent is $2000, they're essentially telling you the fee will be $2000. Now, if, after the fact, it is determined that the rent should be $1500, they can say it doesn't matter. They'll claim that they told you up front it would be $2000, they got you the apartment, that's what they charged, and the formula is irrelevent. I could be wrong about this, but it does make sense. Does anyone know of a specific case like this, and what the outcome was?
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