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Old 10-23-2010, 09:18 PM
 
7 posts, read 10,912 times
Reputation: 11

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needed a room ASAP, and found one in what i know to be a rent-controlled building. the woman subletting to me has been admittedly unemployed for the last 5 years, and has lived in the apartment for the last 20 years.

i am 99% certain that although i am paying a reasonable market rate for this room, i am in essence paying the FULL rent (and maybe even then some), yet am still treated like a lowly subletter by this lazy, lazy woman.

- what rights do i have?

- can i get this b#tch kicked out and assume the lease of this rent-controlled apt?

- if not, what kind of legal trouble can i get her into?
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Old 10-24-2010, 08:12 AM
 
982 posts, read 3,970,951 times
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First of all you're not subletting, your sharing. Secondly, I'll bet you're paying cash so forget about proving anything and thirdly no, you cannot possess the apartment and will be out on the street with her if you actually prove she's making you pay the entire rent. Have a nice day!
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Old 10-24-2010, 11:17 AM
 
7 posts, read 10,912 times
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Quote:
Originally Posted by modsquad81 View Post
First of all you're not subletting, your sharing. Secondly, I'll bet you're paying cash so forget about proving anything and thirdly no, you cannot possess the apartment and will be out on the street with her if you actually prove she's making you pay the entire rent. Have a nice day!
what is the difference then between subletting and sharing?

i'm payng by personal check.
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Old 10-24-2010, 11:21 AM
grant516
 
n/a posts
You have no rights, this is her apartment.

You are not on the lease, you can not assume someone else's rent controlled apartment.

She is lucky to have it, you are not.
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Old 10-24-2010, 11:34 AM
 
4,502 posts, read 12,003,618 times
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Is a tenant in a rent controlled apartment permitted to rent out a room in the apartment?

Oh, OP, the difference is, a subletter is renting the entire aparment from the lease-holder. You are not. You are renting a room from her.

Also, if you're paying by check, I hope you're putting "rent" in the note line.
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Old 10-24-2010, 11:56 AM
 
982 posts, read 3,970,951 times
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Quote:
Originally Posted by omigawd View Post
Is a tenant in a rent controlled apartment permitted to rent out a room in the apartment?

Oh, OP, the difference is, a subletter is renting the entire aparment from the lease-holder. You are not. You are renting a room from her.

Also, if you're paying by check, I hope you're putting "rent" in the note line.
the only result from exposing to the LL the tenant's greed will be an eviction of both of you.
Unless you want to risk going to the LL with this information and hope for a deal where he evicts the renter and cuts you a deal. A very big risk however.
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Old 10-24-2010, 12:06 PM
 
769 posts, read 1,827,194 times
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You're probably still getting a better deal than if you were renting from someone paying full market rent for the apartment.
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Old 10-24-2010, 12:28 PM
 
11,317 posts, read 21,799,113 times
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actually, if you research this thoroughly you may find that a tenant in a rent-controlled apartment has every right to rent out a room and have the other person pay the entire rent. At least this was the law a few years ago. Perhaps it's changed but it is certainly worth looking into.

This differs from rent-stabilized apartments where the leaseholder is only allowed to charge a "proportionate share" of the rent. This means that if it's a 2-bedroom and the leaseholder is sharing the apartment with one person, then the leaseholder can only charge the other person half.

If you would like to read about this, here's a search you can do - just type this exactly into google.

proportionate rent share site:nytimes.com

So your first job is to find out if your apartment is rent-controlled or rent-stabilized.

You might also find the site tenant.net very informative.
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Old 10-24-2010, 12:35 PM
 
11,317 posts, read 21,799,113 times
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here is a link
http://www.nytimes.com/2008/04/20/re.../20qa-001.html
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Old 10-24-2010, 01:35 PM
 
1,263 posts, read 2,114,650 times
Reputation: 509
Find out what the apartment rent is. It's probably incredibly dirt cheap. If you are being charged more than that rent then inform the LL and provide copies of your checks. She should be booted out after a long court process.

What this tenant is apparently doing is called "profiteering". It is a widespread abuse of the rent regulation system, which opens itself up to this kind of cheating. The system is sick but it can be made not quite as sick if people like you cooperate to extract the cheaters. Of course the only real cure is to dismantle the system.
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