Posted by Mar Smith on May 12, 1999 at 23:24:46:
In Reply to: Re: Define Furnished? posted by AdamS on May 12, 1999 at 21:29:24:
You didn't say when your sublease started. The landlord of the building is allowed to charge the tenant and the tenant is allowed to charge the sub-tenant a subletting allowance, as set by the Rent Guidelines Board. The current subletting allowance as set by the RGB is 5%. If you are being charged 105% or less of the regulated rent, there probably isn't an overcharge.
: : : I'm being overcharged in a stabilized bldg. Landlord says apartment is "furnished" and, accordingly, can charge an extra 10%. This place is not furnished unless LL can count kitchen appliances and cabinets. Does anyone know a standard definition of "furnished" that the DHCR uses/respects?
: : : AdamS
: : *******
: : Appliances, sinks, and kitchen cabinets are not 'furniture' in the USA, they are 'fixtures'. I've only heard of 10% surcharge for subletting a furnished apt: are you subletting or are you the leaseholder? read the DHCR section on TenantNet, read more about overcharges in these msgs & archives, then call DHCR or go in person & check your apt rental history.
: Thanks. I am subletting. I've read everything in DHCR and understand the 10% rule for furnished apts (I was paying less than 10% more than legal rent). I am suing in small claims court. My contract with the overtenant is silent on furnishings. My problem is how to prove it wasn't furnished. Should I contact the true Landlord (not just the overtenant from whom I rent)? By the way, I moved out in January 99. Thanks.
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