Advice - Rent Overcharge/Rent Stabalized Apartment

[Mr Gray]

I've been subletting (now illegal) a rent stabalized apartment for over 4 years now.

When I first rented the apt. - I went through a broker (paid a high fee) who said it was a sublet but that I could take over the lease after a year.

After a year the (previous)tenent (I'll call him Jack) changed their mind about that and instead I continued to stay in the apartment while paying the same rent.

I've asked Jack a couple of times about taking over the lease...with no being the answer each time.

The management company knows about this and I have a good relationship with them as far as getting repairs done or any problems concerning the building.

I think the management company would allow Jack to assign the lease over to me. They would get a vacancy increase and I'm even fine with an improvement increase just so I can have piece of mind.

I have recently discovered that Jack has been overcharging the rent (a few hundred dollars) since I've been here.

Now the questions:

Since Jack isn't willing to turn over the lease to me should I threaten to sue for overcharging the rent to make him assign the lease?

I don't want to even though that means I can get back rent for the past 4 years x's 3. I have proof of rent paid for the last 4 years - plus the original sublease - plus proof I've been here and Jack hasn't for the past 4 years.

If I have to go ahead with this what type of lawyer should I use? (Also, I can't afford a lawyer so are there lawyers that would work for a third of what I would possibly win?)

Should I do the "illusory sublet" thing and file with DHCR? (I hear that DHCR is a slow process though and not tenent friendly)

I just want to be able to live where I've been living and not worry about possibly going homeless anymore.

Thanks for listening and any feedback is welcome.

[mjr203]

if he intentionally over charged you for 4 years at 100 dollars a month you'd be looking at an award plus treble damages of $14,400...

sounds like an illusory sublet and sounds like you've been overcharged by the "primary" tenant.

Damn right I'd sue.

[mjr203]

Other people's experience may be different but housing litigation tends to be long and time intensive so many lawyers will not take cases on a % of winnings, especially when it is suing an individual.

-POINTER

[Mr Gray]

Thx for the response...

I actually figured out the amount and it comes to around $8000 of overpaid rent...times it by 3 for $24,000...plus I can win for the lawyers expenses as well.

I definitely don't want to do this unless I'm forced to. I'm not of the mind-set to sue folks even if I can definitely win.

Like I said, I'd be happy with him assigning the lease and having piece of mind of having my own place once and for all.

I'll give an update and let you all know how it turns out.

[Mr Gray]

Update! (If anyone wants to know. )

I have my own lease now.

This is definitely NOT the norm when it comes to these situations but it's lucky I had a really good relationship with the management company.

Basically, I had "Jack" write a letter saying he had 'vacated' the apartment and was terminating his lease.

Then I signed a new one with an 18% increase.

Normally, a LL would do this PLUS renovate the whole place to get additional rent. I think they're allowed to increase it for 1/40th of the cost of renovation.

Not only that, the management company further put my mind at rest by telling me that if Jack didn't write a letter that he was terminating his lease, they would've started an eviction process and they would STILL let me sign a new lease!

Anyway, it all worked out great. I'm one of those few "happy ending" stories between a tenant and LL.

[Cranky Tenant]

Thanks for the update. It's nice to know these matters don't always have to wind up in court.