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mitchell Lama roommate rent overcharge

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mitchell Lama roommate rent overcharge

Postby Elarila » Thu Feb 22, 2007 4:25 am

I'm in NYC Mitchell Lama Building. I'm family friend on the lease. We are 3 adults in a 3 bedroom. I just found out head of household is overcharging me for rent. I am paying most of it. If I report this to landlord what happens to me? I need a place to live and I can't move out. Will they move me to a studio or will I have to leave also. I have not lived here long and I can't afford to move. I just applied for section 8 this month and I applied for Public Housing a year ago. I moved in with these people as a roommate share situation. I was unaware that this was a Mitchell Lama Building until I was asked for all my documentation, tax returns, etc. and told that I needed to be put on lease to get a pass to get in and out of building. This building was first occupied in 1974 and is under HPD. It is a rental.
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Postby brk » Thu Feb 22, 2007 5:43 pm

Not sure of the legalities, as not an atty. Common sense dictates that you would first want to be on the lease before informing rest that you will be paying only 1/3rd the rent.
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ML roommate overcharge

Postby Elarila » Thu Feb 22, 2007 6:50 pm

According to rent stabilization laws which ML fall under I"M told... Tenants cannot overcharge their roommates. It has to be equally divided up and they could be evicted for overcharging. Plus I could sue for triple the amount they have been overcharging me. I am on lease. I was told that's how I get my pass to get in and out of building and I have my pass. They are not allowed to profit from renting in a shared situation according to rent stabilization laws whether roommate is on the lease or not.
What happens to me when I report them to Landlord and sue for the overcharges?
My question still remains unanswered. I need a place to live and absolutely am not in a position where I can move. I can't. Unless Management would transfer me to another apt. Not in position financially or credit wise. It was hard enough to find this situation. Need to know if I would have to go also or would I be moved to smaller place?? Can anybody answer please? Have been searching and searching many public housing sights and code book rules on ML and nothing specifically addresses this.
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Postby Cranky Tenant » Thu Feb 22, 2007 8:14 pm

Most Mitchell Lama tenants apply for housing, are put on a waiting list, and have to meet certain income guidelines. Unless nobody is on the studio waiting list ahead of you it's very unlikely that management would offer you a studio apartment.

EDIT: I should also add that if you decide to report the tenant to management, and if as a result the tenant is evicted, the apartment should legally go to the next person on the waiting list.
I'm a cranky tenant NOT a cranky lawyer.
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Re: ML roommate overcharge

Postby Aubergine » Fri Feb 23, 2007 2:54 am

Elarila wrote:According to rent stabilization laws which ML fall under
Mitchell-Lama apartments are not governed by the Rent Stabilization Law and Code. AFAIK there is not regulation that prohibits M-L tenants from charging roommates more than a proportionate share of the rent.
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mL roommate overcharge

Postby Elarila » Fri Feb 23, 2007 11:01 am

Are you a lawyer? And where did you get your information? In what code of rules for ML buildings have you found this stated? And whose rent code guidelines are they governed by? I don't think you have your facts correct. Either that or you live in a ML rental and you are profiting from your roommmates. Why would it be legal for people to profit in subsidized housing when the rent is below market value, and not true for rent stabilized? The courts are not favorable to tenants profiting from their roommates in any kind of rental. Have you been reading anything lately? If it's against the law in rent controlled, and rent stabilized then there definitely has to be some kind of regulation in subsidized housing. So far. anything I've read or found that remotely speaks to this matter says that ML falls under the same catagory as rent stabilized.

Is there a lawyer out there somewhere who can speak to this? Who actually know the laws about ML roommate overcharge and where I can go to get the information? And secondly if my rights are being violated and they get evicted for it, why do I have to suffer the same consequences and lose my home? I shouldn't be punished because someone is stealing from me. I don't expect to be able to remain here because it's a 3 bdr. But I should at least have the opportunity to be placed in another apartment. I didn't know it until after I moved in that I was paying most of the rent for all 3 of us.
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Postby brk » Fri Feb 23, 2007 7:22 pm

If you want to be sure and have some time, go to Housing Court Pro Se atty's office and ask them.

If a true overcharge, then would recommend talking to PT and let him/her know that you will be deducting the overcharge from the next rent and will be paying 1/3rd. The other choice is for them to face eviction. Make sure first of your facts. Go to the court.
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Re: mL roommate overcharge

Postby baardamuu » Wed Jun 27, 2007 4:49 pm

Elarila wrote:Are you a lawyer? And where did you get your information? In what code of rules for ML buildings have you found this stated? And whose rent code guidelines are they governed by? I don't think you have your facts correct. Either that or you live in a ML rental and you are profiting from your roommmates. Why would it be legal for people to profit in subsidized housing when the rent is below market value, and not true for rent stabilized? The courts are not favorable to tenants profiting from their roommates in any kind of rental. Have you been reading anything lately? If it's against the law in rent controlled, and rent stabilized then there definitely has to be some kind of regulation in subsidized housing. So far. anything I've read or found that remotely speaks to this matter says that ML falls under the same catagory as rent stabilized.

Is there a lawyer out there somewhere who can speak to this? Who actually know the laws about ML roommate overcharge and where I can go to get the information? And secondly if my rights are being violated and they get evicted for it, why do I have to suffer the same consequences and lose my home? I shouldn't be punished because someone is stealing from me. I don't expect to be able to remain here because it's a 3 bdr. But I should at least have the opportunity to be placed in another apartment. I didn't know it until after I moved in that I was paying most of the rent for all 3 of us.



Hi. I rented half of an ML apartment for over 4 years and found out I was paying the entire rent. If I wanted to sue what is the statute of limitations?

This was 1996 to 2000.
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Re: mL roommate overcharge

Postby cardinalfang » Wed Jun 27, 2007 5:59 pm

baardamuu wrote:Hi. I rented half of an ML apartment for over 4 years and found out I was paying the entire rent. If I wanted to sue what is the statute of limitations?

This was 1996 to 2000.


The SOL is six years at most, so even if the "overcharge" did give rise to a claim (which is doubtful because, as pointed out above, no statute or regulation governs the amount that one member of a M-L household can pay toward the rent), the time to assert it expired between 1 and 5 years ago.
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