Legal Question in Landlord & Tenant Law in New York

Rent overcharge by prime tenant

I am a subtenant.I moved into an apartment on oct.1.2004 on a verbal agreemnent to pay $700 a month, of which $30 went to internet, the rest was for rent including utilities. I agreed to such by paying first and last months deposit,to my roommate, the prime tenant, believing that the rent was split fairly ($670) each, since both rooms were of equal size. 3 months later, i saw the receipt for the monthly rent which read, $1250, so while I was paying 670, my roommate was paying $580, or he was paying $625, and pocketing $45 of my money. Once I found out, I let him know about the unfairness and told him to charge me fairly, he denied. He also stated that he received permision to overcharge me (i dont know the validity of such a statement). Upon further investigation at NY DEPT. OF HOUSING I found out that over chargin was illegal due to the rule of room proportionality in a rent stabilized apartment in new york city. I let him know of the law, and he still does not want to charge me fairly. I would like your counsel on this matter. I would greatly appreciate it.

Thank You,


Asked on 12/20/04, 9:15 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Rent overcharge by prime tenant

My counsel is to be cool and take 45 as a minimal difference and not particularly exploitive.

On the other hand, should you have an interest in litigation, your damages would be the difference between the actual rent and the legal rent for the time you paid the actual rent. In addition, the court would re-form the contract to make the price conform with the legal rent.

Or you could find the contract illegal and declare the contract void and move out. (make sure you 'use up' your deposits before moving out)

One more point, make sure the law allows no price differential before you go further. I think a 10% premium is permitted.

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Answered on 12/20/04, 9:42 pm


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