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Posted by TenantNet on February 22, 1999 at 22:32:00:

In Reply to: Re: Sublet info? Please help/advise posted by satori on February 22, 1999 at 13:20:59:

: You might be and illusioy sublet if you can prove it in court the apartment
: is yours plus you get treble damages 3 times the amont you are overcharged. Which you were
: as a subleter your leaser can only change the legal stabalized rent, that
: he was paying . but in any case hire a lawyer on how to proceed or to
: get advice on filling oout any forms with DHCR or the courts ASAP

He's not an illusory sublet. Maybe illegal, but not illusory. That's
different. There's no automatic right for him to acquire the lease, although
a cooperative landlord might be able to get the lease from the prime tenant
and then give it to the sublet. But that has to happen in court. The sublet
appears to have a case for overcharge, but not necessarily legal rights
as a tenant. But he can holdover and the prime tenant will then have to
take him to court.

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Comments:
: : You might be and illusioy sublet if you can prove it in court the apartment
: : is yours plus you get treble damages 3 times the amont you are overcharged. Which you were 
: : as a subleter your leaser can only change the legal stabalized rent, that
: : he was paying . but in any case hire a lawyer on how to proceed or to 
: : get advice on filling oout any forms with DHCR or the courts ASAP

: He's not an illusory sublet. Maybe illegal, but not illusory. That's
: different. There's no automatic right for him to acquire the lease, although
: a cooperative landlord might be able to get the lease from the prime tenant
: and then give it to the sublet. But that has to happen in court. The sublet
: appears to have a case for overcharge, but not necessarily legal rights
: as a tenant. But he can holdover and the prime tenant will then have to
: take him to court.


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