Hi everyone,
I live in Gramercy neighborhood on Manhattan. I'm overcharged by my roommate. But my situation is a little bit different because my name is not on the lease. Nor did I sign a contract with my roommate.
Here is my situation.
I moved to my current apartment in April 2014. My roommate is the only lease holder of the apartment. The apartment is in a building owned by a building management company. My roommate and I are the only people in the apartment. I paid around $1100 every month(for a smaller room). When I moved in, I paid him first month and last month rent with check. He wrote me a receipt of receiving such amount. Then I paid the rent for the following months through checks without getting any receipt.
Later, while my roommate was travelling, I called the building management company because I wanted them to take care of the mice problem in the apartment. I told my roommate about this after he came back. He yelled at me for calling and said my action could get both of us evicted. He told me that it's a rent-stabilized apartment. I also found out that the total rent for the apartment is only around $1300, which means I pay more than 50%. So I started searching information on what I could do.
I found a form "Tenant's Complaint of Rent and/or Other Specific Overcharges in Rent Stabilized Apartments". It seems the form is for tenant's complaint on landlord or building management. When I called DHCR, the operator said because my name is not on the lease, so I can't ask them to disclose the rent history. Also because I don't have a contract with my roommate, so I was told that I had to take the case to the court. I guess what she meant is that DHCR cannot handle the case? Does it mean that I cannot file a "Tenant's Complaint of Rent and/or Other Specific Overcharges in Rent Stabilized Apartments"?
I want to prove I'm overcharged, but because I have no access to the rent history(due to my name is not on the lease), so can I ask the court to demand my roommate to disclose such information if I file a civil lawsuit?
My roommate asked me to move out by the end of August. Do I have to do so after the end of August? If I move out of the current apartment, will I be able to use legal measure regarding the rent overcharge?
I think I should collect evidence or proofs. What should I collect? I feel that I'm stuck and desperate because I have no contract or lease to protect me. Any answer or suggestion would be helpful.
Thank you very much.