Illegal sublet

[stuckinny]

I've been subletting an apartment "illegally" from a tenant who now lives in another state. I'm being charged $380 more in rent than what she pays and have being living there since June. Yesterday she informed me that the rent is going up an additional $30 a month and I will be paying for it. Either I pay or else she won't renew the lease for me. What can I do? I heard from a friend that the amount she is charging is already extremely high. Who can I contact to get some help and to find out what my rights are? Please help! Thanks.

[mjr203]

if it is a regulated apartment then she cannot sublet for more than the amount of the rent.

she would have needed permission to get the sublet in the first place as well.

this is what is called an illusory tenant situation. search this board for illusory tenancy and look on housingnyc.com and the DHCR website about this topic also.

-pointer

[stuckinny]

Thanks! I'll look into those sites you mentioned.

[MikeW]

From DHRC Fact Sheet #7

Illusory Sublets

An illusory sublet occurs when the alleged prime tenant has not actually been in physical occupancy of the apartment. This type of case is called an illusory prime tenancy because the alleged prime tenant does not maintain the apartment as a primary residence and the sublet is intended to evade various requirements of the Rent Stabilization Law and Code.

The subtenant of an apartment in an illusory sublet situation may file a "Tenant's Complaint of Owner's Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease" (DHCR Form RA -90) with DHCR. If DHCR finds that the complaint is justified, it will deny the illusory prime tenant the right to a renewal lease and require the owner of the building to recognize the subtenant as the actual tenant, who is entitled to a renewal lease at the lawful stabilized rent.

In addition, the illusory prime tenant will be legally responsible to refund all overcharges collected from the subtenant. If the illusory prime tenant has furniture in the apartment, DHCR may direct the subtenant to permit the furniture to be removed. If the subtenant can prove that the building owner received part or all of the overcharge, the owner will also be responsible for refunding the rent overcharge.

[stuckinny]

Mike, thanks for posting this. I've contacted the DHCR and they are sending me forms to fill out.

[Phil Cohen]

I suggest that this person, before going to the DHCR, first ascertain if he has some other remedy available to him. A lawsuit, perhaps? The legal fees would be worth it, as the DHCR is truly awful and should be avoided at all costs.

Originally posted by stuckinny:
Mike, thanks for posting this. I've contacted the DHCR and they are sending me forms to fill out.

[MikeW]

I tend to agree with this. Get a lawyer. This is a high stakes, confrontational move, but one with an extremely high reward potential. It must be done correctly, or you could end up very screwed.

Originally posted by Phil:
I suggest that this person, before going to the DHCR, first ascertain if he has some other remedy available to him. A lawsuit, perhaps? The legal fees would be worth it, as the DHCR is truly awful and should be avoided at all costs.

Originally posted by stuckinny:
[b]Mike, thanks for posting this. I've contacted the DHCR and they are sending me forms to fill out.

[/b]

[stuckinny]

Yes, I'll look into getting a lawyer. I've heard from other people as well as other tenant websites, that the process with DHCR is long and awful. Sometimes taking years! What should we expect, it's run by the State of NY. Funny, the forms they sent out noted that there have been changes to it in order to make the process shorter.

Thanks again.

[eastsidah]

This woman, and anyone else profiteering on rent control/stabilization laws, should be SHOT!!!

[MikeW]

Stuck,

I don't know about this particular type of case, but things generally go more quickly if you file in housing court than with the DHRC, however it costs more to do that (mainly since you really need a lawyer). I would find one of the better LL/tenant lawyers, and leave it to them where to file.