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rent overcharged by roommate

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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rent overcharged by roommate

Postby dream88 » Thu Jul 31, 2014 3:18 pm

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.
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Re: rent overcharged by roommate

Postby BubbaJoe123 » Thu Jul 31, 2014 7:50 pm

Assuming the apt is actually rent-stabilized with a total rent of about $1300, and you're paying $1100, the tenant is DEFINITELY overcharging you - he can only legally charge you $650. You're entitled to 3x damages, (1100-650)*3=$1350 for every month you've lived there.

I would also assume that the $1300 is well below market for that apartment. The building owner would love to get him out, and, in many cases, the courts have ruled that roommate overcharge is not a curable violation.

You have huge leverage with the tenant (i.e. the lease holder). Assuming you want to move out (and I'd imagine you do, given that this doesn't sound like a great situation), I'd go to the tenant and tell him that, if he pays you what he owes you (i.e. $1350 for April, May, June, and July), and only charges you the proper $650 for August, you'll let sleeping dogs lie. Otherwise, you'll file with DHCR (you can't get a rent history, but if you explain that the tenant told you the rent's only $1300, DHCR can look it up when you file the complaint), AND send a copy of the complaint to the management company as well. This way, your landlord (i.e. the prime tenant) has the choice between (a) paying you what he owes you, or (b) paying you what he owes you (eventually) and likely losing the apartment.

Bottom line, your landlord is screwing you. Don't let him.
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Re: rent overcharged by roommate

Postby BubbaJoe123 » Thu Jul 31, 2014 7:50 pm

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Re: rent overcharged by roommate

Postby TenantNet » Thu Jul 31, 2014 8:00 pm

DHCR might give you a rent history if you can show you live there with some documentation, like your name on a utility bill, for instance. I seem to remember the criteria for the release of the rent history was laid out in a fact sheet or policy statement. I would look into that.
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Re: rent overcharged by roommate

Postby dream88 » Fri Aug 01, 2014 12:25 am

Thank you @BubbaJoe123 for detail explanation. Once I have the rent history, I will start taking action.

@TenantNet, I found these two pages.
http://www.nyshcr.org/Rent/tenantresources.htm
http://www.nyshcr.org/Forms/rent/foil1.pdf

I don't know how to get a rent history. I called DHCR and the operator said they only accept request from one whose name is on the lease. I called multiple times to try different operators and yet got back the same response. It's quite contradictory from the information on the website.
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Re: rent overcharged by roommate

Postby dream88 » Fri Aug 01, 2014 1:29 am

By the way, will I be in trouble if I file with DHCR or civil court? For example, my roommate files a counterclaim against me?
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Re: rent overcharged by roommate

Postby TenantNet » Fri Aug 01, 2014 1:58 am

I had thought that DHCR would release the rent history to someone other than the tenant named on the lease if you can prove you live there, like your name on a utility bill. Perhaps not. I would keep digging on that point.

But even without it, you can file based on the evidence you have so far.

But I would follow Bubba's advice ... give the tenant an opportunity to make good.

Remember that the tenant can't just lock you out. Look at Illegal Eviction in the Reference Section of this forum. He/she would have to take you to court.

In trouble? Anything is possible. The tenant could counterclaim for the rent. Or he could say you snore too loud. Be prepared for nasty.
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Re: rent overcharged by roommate

Postby innocent1997 » Fri Aug 01, 2014 9:20 am

I requested the rent history over a year ago from DHCR, I provided my name and they sent to me to my attention by mail. I had no problem myself. I don't recall the topic of whether I am on the lease or not ever came up on the phone. Practically, I doubt DHCR would do anything to verify anyway.

Just thinking out loud that there is already an inherent control even without the needs of verifying the lease etc. It's because the person who lives there should have access to the mail box and is the only one able to get the DHCR rent history in the mailbox.

The only thing I can think of that differentiates my experience from yours is that my apartment was already deregulated, hence my name was never reported to DHCR. In your case, your roommate's name has been reported to the DHCR for rent stabilization registration purposes.

Again, the discussion of the lease never came up during my call to DHCR with the operator.
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Re: rent overcharged by roommate

Postby gpx39 » Sun Jul 24, 2016 2:04 pm

I know this is old but I found this through searching for info on the topic. I'm in the same situation but I'm in Chicago. Are the laws the same for being overcharged? Much like the OP I'm paying more than half of the rent living with two other people. If the rent were split 3 ways equally, I have overpaid by $2300 so far! I go hungry and can't pay my taxes because I'm being soaked for way more than my share of the rent. What rights do I have? I only pay the one roommate and there's no written contract and I was led to believe the apartment was out of my means and I was being cut a super cheap deal!!
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Re: rent overcharged by roommate

Postby TenantNet » Sun Jul 24, 2016 4:37 pm

This thread deals with NYC rent regulation. If Chicago has any form of rent regulation, the laws would be different there.
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