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Old 01-06-2022, 02:44 AM
 
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Hi everyone. I rent a room in NYC and like many others I have had problems due to job loss. This apartment is rent controlled and there is a good chance I am being severely overcharged (in a rent control situation you are only allowed to charge no more than 50% of the rent) and it may turn out to be the case where this guy actually owes me money. Since he refuses to tell me I was hoping someone could point me in the right direction to find out how much the rent is, thank you.
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Old 01-06-2022, 03:38 AM
 
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Originally Posted by SamsonCP View Post
Hi everyone. I rent a room in NYC and like many others I have had problems due to job loss. This apartment is rent controlled and there is a good chance I am being severely overcharged (in a rent control situation you are only allowed to charge no more than 50% of the rent) and it may turn out to be the case where this guy actually owes me money. Since he refuses to tell me I was hoping someone could point me in the right direction to find out how much the rent is, thank you.
are you rent controlled or rent stabilized just to be sure

"if your apartment is subject to rent control the landlord has the right to add a 10% surcharge to your rent if you bring in a roommate. However, it would be permissible to pass that cost on to your roommate. This surcharge does not apply to rent-stabilized apartments. (Roughly speaking, apartments occupied by the same tenant, or his/her successors, since before 1971 are subject to rent control; apartments occupied post-1971 are subject to rent stabilization.)"


http://www.tenant.net/alerts/articles/roommates.html

Last edited by mathjak107; 01-06-2022 at 03:53 AM..
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Old 01-06-2022, 04:08 AM
 
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Im renting a room directly from someone who lives across the hall, not from the building owners. I am 100% sure it's rent controlled, thank you
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Old 01-06-2022, 04:17 AM
 
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Originally Posted by SamsonCP View Post
Im renting a room directly from someone who lives across the hall, not from the building owners. I am 100% sure it's rent controlled, thank you
so it isnt a room mate situation ? i am confused when you say renting from someone across the hall , is that in the same apartment or a different apartment across the hall ?




i dont think you can sublet a rent controlled apartment to a 3rd party so it has to be a room mate in the same apartment.

Rent controlled: These tenants cannot sublet their apartments unless they have a prior lease containing a clause that permits them to sublet.

https://propertyclub.nyc/article/nyc-sublet-laws
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Old 01-06-2022, 04:22 AM
 
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Originally Posted by mathjak107 View Post
so it isnt a roomate situation ?

I'm not renting an apartment it's just a room in the apt. (it's a 3 bedroom apt) The guy comes in every day from his apt across the hall though to use things like the living room sometimes even uses the bathroom. There was another guy renting a room here who was a roomate but he moved.
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Old 01-06-2022, 04:27 AM
 
107,031 posts, read 109,313,415 times
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Originally Posted by SamsonCP View Post
I'm not renting an apartment it's just a room in the apt. (it's a 3 bedroom apt) The guy comes in every day from his apt across the hall though to use things like the living room sometimes even uses the bathroom. There was another guy renting a room here who was a roomate but he moved.
so at best , if the fellow on the lease is surcharged 10% by the landlord he can charge you up to 60%
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Old 01-06-2022, 04:34 AM
 
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Originally Posted by mathjak107 View Post
so at best , if the fellow on the lease is surcharged 10% by the landlord he can charge you up to 60%

I'm trying to find out what the rent is though to calculate - he refuses to tell me. If I take him to court I have to give an amount
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Old 01-06-2022, 04:39 AM
 
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does the landlord consent to you even being there ? was he notified in writing ?
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Old 01-06-2022, 04:42 AM
 
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does the landlord consent to you even being there ? was he notified in writing ?

No he wasn't. This also may explain why the person I was paying rent to refused to cooperate with applying for rent relief last year.
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Old 01-06-2022, 06:50 AM
 
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Then there is little you can do .

You are not a legal room mate …you are not allowed to live there as a non family member without landlord approval .

While the person on the lease has a right to a room mate that is with landlord consent and if the landlord is not consenting then the landlord has to show why .

But you are basically a stowaway and have no right to even be there.

It is like a tenant living in an illegal apartment and then trying to sue the owner for something .

Whoever you rented from had a duty to :

Do I have a legal right to sublet my apartment?

According to New York State law, most tenants have the legal right to sublet their apartment. However, you still have to ask your landlord for permission to sublet your apartment. The first thing you should do is to notify your landlord of your desire to sublet as they will likely have a procedure in place. In the event they don’t, the more formal process set in place by NY State requires that you send a written request via certified mail, with return receipt requested directly to your landlord. Included in your written request should be all the information about your proposed subtenant, and any other details about the arrangement
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