Order Granting Application NYC - Overcharge complaint

[maria1234]

I need to know what is the procedure of the following case:

I sublet a room in an apartment that is rent stabilized. The apartment was in Manhattan NY.
The tenant rents the rooms of the apartment.
I rented one room in this apartment.
Once I moved out I filed a rent overcharged complaint. After 3 years I received the order granting application.
The order mentions" based on the rents paid for the 24 months of occupancy "Maria" paid the monthly rent of xx to the owner, thus the proportionate share is xx. There fore the tenant of record "John Doe", collected a total excess rent of $xxx from the complainant. Accordingly, John Doe is directed to make a full refund of $xxx to the roommate, Maria. Therefore this proceeding is terminated.

MY QUESTION:
How I get my money? Where I go with the order?
I know where John Doe works and his old bank account information.

Please advise. Thank you in advanced!

[TenantNet]

First, when you say "sublet a room" what is really going on? Did you rent a room and the primary tenants was still in occupancy in the apartment? If so, that's not subletting.

Did you have one room with other "sublets" taking other rooms and the tenant did not live there? That is an illusory tenancy. If that was the case, how did the combined rent of the so-called sublets compare against the legal rent?

Did you get a rent history from DHCR? Even now, after a decision, you should get a rent history, and FOIL the contents of the case to see what the LL or prime tenant said.

I'm a bit confused about Maria and John Doe. Please clarify who is who. Is the actual landlord involved in the DHCR case?

The order itself should tell you how to get your money, but the short story is that you normally take it out of future rents, but if not possible, like here, you will have to file a money judgment (in the courts) and then collect like any other bill collector.

[maria1234]

Thanks for responding.
The main tenant "John Doe" had a lease agreement with a Landlord in a rent stabilized apartment. He lived in the apartment he leased. The apartment had 3 rooms. He used to rent the other two room to roommates. I was one of the roommates (Maria). I paid the rent to him and he paid the rent to the landlord.
The amount of rent I paid was MORE than one third of the rent of the apartment. This is the reason that I filed an overcharge complaint to the Division of Housing and Community Renewal /Office of Rent Administration.

The investigation of my case took 3 years. The result of the investigation is that YES there was an overcharge. The "ORDER GRANTING APPLICATION" is in my favor. There is an amount of $ 1743 that John doe has to pay me (Maria). I won the case.
My question is how I get the money? Who enforces the order?

[TenantNet]

So if the prime tenant continued to live in the place, then you are a roommate (or occupant). In some lingo, you might also be considered and "undertenant."

As I'm sure you know, DHCR does not like profiteering, which it seems to have happened here.

It took 3 years because Gov. Cuomo has understaffed DHCR.

DHCR considers its orders to be "self-enforcing," which is a lot of BS. If you were still in the unit, you could take it out of the rent. But start by reading this: http://goo.gl/Vige7Z

Also see http://goo.gl/2Gjffr

[maria1234]

Thank you very much!!