Hello,
I am a young French professional living in NYC since October and I'd really appreciate any help you can provide on this issue ! I am discovering the U.S and NY state regulations and I don't have any law background, so I'll try to be as clear as possible - sorry if it is not the case.
BACKGROUND :
I am living as a roommate with the legal tenant in a 2bd apartment and I am paying a monthly $1,400 rent. I recently found out that the apartment was rent-stabilized and my roommate (the legal tenant, she's not the landlord) did everything to hide it, but she finally confirmed it to me.
Since it is a rent stabilized apartment, I told her that under NYCRR § 2525.7 Regulation, she was not allowed to charge me more than 50% of the rent she is paying to the landlord and I've asked her to see her lease to make sure it was not the case. ("§ 2525.7 Occupancy by persons other than tenant of record or tenant's immediate family" - http://tenant.net/Rent_Laws/rsc/rsc2525.html)
She first refused to show me the lease but then I've warned her that I could file a RA-89 Form (http://www.nyshcr.org/Forms/Rent/ra89.pdf) for being suspicious of rent overcharging and that I'll eventually know the truth although it was her right not to show me her lease. She got back to me the day after with her lease...that was obviously a forgery where the rent amounts where carelessly Photoshopped up to $3,500 monthly. I took a photo of this forgery to keep a proof and ask her to show me the actual lease, not the forgery. She was very destabilized that I've noticed the forgery and eventually gave me her actual lease. It appears that the actual monthly rent is $1,950 but she has a social SCRIE/DRIE benefit that is explicitly mentioned on the lease, so she is actually charged $1,300 monthly.
Thus, my questions are the following:
1) Under § 2525.7 law, SCRIE/DRIE benefits are not explicitly mentioned, so what rent should be taken into account for the "50%" rule? Is it the "gross" rent of $1,950 of the "actual" rent of $1.300?
Do you know about any precedent/similar case already judged?
2) Even by considering the "gross" rent of $1,950, I am still paying 72% of the total rent (108% if we consider the actual rent…) which is illegal. What are in my powers if she refuses to get my rent capped at 50%?
3) She lied to me several times and eventually showed me a forgery lease in order to mislead me on the financial aspect of the rent. What can I do from a legal perspective against her? How would you estimate the prejudice? In Court, would I have to present the physical forgery document that she showed me or does the photo I’ve taken would be enough as a proof? I am sure she already destroyed this false document and will deny this fact in front of the judge.
4) She is eventually arguing about the utilities such as electricity/internet and the furnitures to justify the "overcharge". Is there a legal aspect that i may have missed on this point ?
I know this is a pretty extensive post so thank you very much for your time and help !