Posted by Mark Smith on August 05, 1999 at 12:09:08:
In Reply to: real rent? security deposit? posted by Gene Portnoy on August 04, 1999 at 11:37:29:
In an e-mail to me, Gene Portnoy wrote:
I live in New York City.
I found a rent stabalized apartment through a broker. The rent is $1100. When I signed the lease In the space where it say's what the rent actually is, the amount of 1462.65. I questioned the broker about why it was different from the agreed upon rent ($1100). He explained to me that the landlord was doing it for tax purposes, and that, by law, whatever I put down as security, which was $1100, is what my monthly rent is. I also gave first months rent which was $1100.
My questions are:
1. Is this legal?
2. Why would the landlord want to do this?
3. Am I automatically in default of my lease if I only pay $1100 instead of the amout written in the lease?
4. Is there anything I need to do?
5. Is this common practice?
6. What should I expect ?
I have never heard of anything like this. Did you answer an ad for a specific apartment, with the rent of $1,100 advertised? When you filled out the broker's application, did you write in the specific apartment and rent? How much was the brokerage fee and how was it calculated?
Because this is a rent stabilized apartment, the rent will be subject to the rent laws, Rent Guidelines Board (RGB) orders, and DHCR rules.
You should contact DHCR about what the legal rent should be. You should also see if the landlord bills you $1,100 for the second month's rent and accepts your check for $1,100. If it turns out that the legal rent is $1,462.65 or so, you should file a request with DHCR to establish $1,100 as a preferential rent, based on the amount of the security deposit, the first month's rent, and anything else, such as an ad for the apartment with that rent.
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