Rent overcharge in last apt. Should I take it to small c

[Hunkydory]

I rented a room from June to October ('01) for $600. Then after I moved out, I found out that the rent of the whole apartment (two bedrooms) was $800. Can I take this to Small Claims Court and ask for $800 in overcharged rent back?

I searched all over the web for any law which could help me. Is there a law which states that the owner of the apartment can't charge more than a half of the original rent?

Thank you!

[Hunkydory]

AH! After further research, I have found that this website did have listings of laws I was looking for. It's the RENT STABILIZATION CODE 2525: PROHIBITIONS, in which it states that "An occupant's proportionate share shall be determined by dividing the legal regulated rent by the total number of tenants named on the lease and the total number of occupants residing in the subject housing accommodation."

Do you think I can still take the case to Small Claims Court?

[mjr203]

definitely yes and...

assuming apt was rent stabilized ->

if it was willful overcharge on part of the prime tenant then they can be found liable for the overcharge x 3 (800 x 3 = 2400, still under the 3000 ceiling for small claims).

-POINTER

[Hunkydory]

That's great. If I prove that she overcharged me for rent, do I have to tell them that I should get triple the mount, or does it happen automatically, or do I have to file something with DHCR??? And on the papers, do I list that she overcharged me for $800, or triple ($2400?)

[hsansom]

My impression from my (limited) reading on Small Claims is that you should file a claim for the amount you want to recover. So if you want to recover triple damages, you should make the claim for that amount and then be prepared to make the case.

One plus for making a claim in the larger amount is that the defendant may be willing to settle for a smaller amount (which may still be more than the amount they overcharged by).

Also, it will probably be to your benefit to offer to go to an arbitrator (rather than a judge). There are more arbitrators available so things can proceed more quickly. The arbitrators are trained in and bound by the same law.

Two good web sites for Small Claims:
http://www.housingnyc.com/resources/sclaim.html
http://nyc.gov/html/dca/html/smallclm.html

And you can use a lawyer to represent you if you wish, though you don't need to.

[mjr203]

I don't know if a small claims court will apply the treble penalty. Certainly you can do as prof says and sue for the amount desired and cite the published law in the court to support you(DHCR website).

Regarding the overcharge -- the burden to prove the overcharge was not willful is on your ex-roommate, at least in the eyes of the DHCR.

-POINTER

[Lilly]

DHCR doesn't award treble damages in a roommate overcharge by the tenant of record. It will only award the amount of the overcharge. Only the Landlord can be held liable for treble damages.

[Lilly]

Also, you must choose your forum-you can't file the same case with DHCR and Small Claims. Election of Remedies.

[mjr203]

Originally posted by Lilly:
DHCR doesn't award treble damages in a roommate overcharge by the tenant of record. It will only award the amount of the overcharge. Only the Landlord can be held liable for treble damages.

I don't think this is true for REGULATED APARTMENTS:

http://www.housingnyc.com/resources/dhcr/dhcr7.html

"The prime tenant may not demand "key money" or overcharge the subtenant. If the prime tenant overcharges the subtenant, the subtenant may file a "Tenant's Complaint of Rent Overcharge and/or Excess Security Deposit" (DHCR Form RA-89). If the New York State Division of Housing and Community Renewal (DHCR) finds that the prime tenant has overcharged the subtenant, the prime tenant will be required to refund to the subtenant three times the overcharge."

However, if this is a sublet in a decontrolled apt then things are different, the 3x rule would not apply correct?