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Posted by overcharged roommate on October 18, 2001 at 17:17:04:

In Reply to: Re: Do not use handles: nytenant, tenant or tenantnet posted by Lilly on October 18, 2001 at 15:43:31:

Good question. She has a home upstate ny and spent weekends there. LL was originally trying to evict her for non-primary residency (rent envelopes post-marked throught the Albany office, her car was registered upstate, and she claimed upstate ny as her home address for tax purposes). When she told me I'd have to move out in two weeks, I called the LL to ask if I could stay. He asked what rent I paid -- I told him...and he told me what the actual rent was. He then made profiteering the primary case against her and, as a result, I got screwed, too.

How do treble damages work in such a case? When I fill out the claim, do I subtract what I should have paid (half) from what I actually paid and multiply by 6 (new law in books 12/00, so do I count months 1/01-7/01)? Or will someone at small claims help me out -- I have all the paper work.

: Yes, small claims is a way to go, and it doesn't matter where she lives now-the venue would still be where you live, which is also where it happened. But in order to have a shot at treble damages, small claims has a limit of $2700 or $3000.
: So if you didn't rat her out, I'm curious as to how the LL knew.
: Also, the rent history from DHCR isn't always accurate.

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• Re: roommate overcharge Lilly 10/19/01 (0)

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Comments:
: Good question.  She has a home upstate ny and spent weekends there.  LL was originally trying to evict her for non-primary residency (rent envelopes post-marked throught the Albany office, her car was registered upstate, and she claimed upstate ny as her home address for tax purposes).  When she told me I'd have to move out in two weeks, I called the LL to ask if I could stay.  He asked what rent I paid -- I told him...and he told me what the actual rent was.  He then made profiteering the primary case against her and, as a result, I got screwed, too.

: How do treble damages work in such a case?  When I fill out the claim, do I subtract what I should have paid (half) from what I actually paid and multiply by 6 (new law in books 12/00, so do I count months 1/01-7/01)?  Or will someone at small claims help me out -- I have all the paper work. 

: 
: : Yes, small claims is a way to go, and it doesn't matter where she lives now-the venue would still be where you live, which is also where it happened. But in order to have a shot at treble damages, small claims has a limit of $2700 or $3000.
: : So if you didn't rat her out, I'm curious as to how the LL knew.
: : Also, the rent history from DHCR isn't always accurate.


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