No leases all around

[kitcowan]

Hi guys. I’ve checked in here now and then to help friends with rental problems and I guess now it's my turn to find some advice here. Here are the highlights of my rental situation:

1) I have no lease and pay rent to directly to my roommate via personal check.
2) I have lived there for 3 years with no lease (first year was $500.00 a month).
3) 2 dead people appear on the lease/rent statements so essientially right now my roommate has no lease either. He moved into the apt. prior to his 2nd uncle dying and is currently (last 4 years) in court arguing nephew succession.
4) He sends a check for the full amount of the rent directly to the management co.
5) The total rent for the apt was increased marginally in January (2% or something) and it is now approx.$700 a month total for the apt.
6) He currently charges me $550 a month and wants to raise that to $650 May 1 2003. (For the mathematically challenged that is a near 20% increase and 93% of the total rent).

Ideally I would like to stay another 6-8 months paying at my currently rate. But he refuses to negotiate on the rent increase. Is there anything I can do besides pay it and be bitter? I have a friend who swears I should file a rent overcharge complaint with DHCR, but I don’t know what this will yield, if anything.

Any thoughts?

[ChrisG]

yeah, i thought they passed a law stating that a tenant can't charge a roommate more than 50% of the rent in a rent-stabilized place (which is what this sounds like). of course the total rent is awfully cheap right now, but that doesn't mean your roommate should be able to get over on you.

you can file the overcharge thing, this sounds like a textbook case (except for the fact yr roommate isn't on the lease either). but if you only want to stay there another few months, maybe you could reach a compromise with the guy. but know that what he's doing is not fair or legal, if this is a rent-stabilized apt.

[Cranky Tenant]

I'm not a lawyer but, from what I understand, roomate overcharge complaints can only be brought by LL and filed against the tenant. DHCR doesn't deal with roomate disputes.

Part of the problem is DHCR normally discloses information to rent regulated tenants. If a roomate isn't on the lease they may not be entitled to DHCR protection or rights normally granted under Rent Stabilization.

[kitcowan]

Thanks for the quick responces. Quick question though, what is LL?

[Cranky Tenant]

LL is short for Landlord

Some of the other thungs that factor into the amount could be whether or not you pay separately for utilities and other costs of living in an apartment in addition to rent. For example, if your share includes electricity, gas, usage of the phone, cable tv and internet access, your "fair share" could work out to significantly more than half of the money paid to the Landlord.

<small>[ March 25, 2003, 06:48 PM: Message edited by: Cranky Tenant ]</small>

[kitcowan]

(duh). Thanks, though I'm left wondering what lawsuit the landlord would bring? Also, the only thing that is included in my rent is electric, which I use sparingly.

This is a non-regulated rent issue, yes? Also, I'm kinda of confussed as to what I should do next as since negotiations are not an option.

[Cranky Tenant]

One Example is BLD Realty Holding Corp. v Kasher where the Appellate Court found that tenants who profiteer from their apartments can lose their rights under rent stabilization and can be evicted.

However, I believe the only option the roomate (or subtenant) would have in this kind of situation would be to sue the roomate in Small Claims Court, or Civil Court if the amount is over $3000..