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When a tenant sues a PT for rent overcharge

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

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When a tenant sues a PT for rent overcharge

Postby CityWifi » Mon Apr 25, 2011 3:37 pm

1. Two different people at DHCR have told me that a roommate in a RS apartment can sue the PT for overpayment of rent, just like a PT can sue a landlord. It was news to me (I'm guessing it's correct, but am not spending the money yet.)

What I was told today is that even if a PT took responsibility for all utilities during the 3+ years she has been overcharging me, as part of our agreement, she has a claim on half of those expenses during my entire tenancy, and that if I win on the overcharge issue, half the cost of the utilities can be deducted from the amount I might be awarded.

Can anyone confirm or refute this? Are there other factors I should be aware of?

2. Also, according to this link [http://www.tenant.net/alerts/articles/complaining.html] it is to my advantage to sue in civil court, not through DHCR. Would the civil court accept such a case, and if so, will they entertain the possibility of awarding triple damages?

Thanks,

CW
CityWifi
 
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