Q:    “I was ready to sign a lease on a rent stabilized apartment, however; The landlord wanted me to sign a roommate agreement that lists the rent as half of what I am expected to pay. Also, the landlord does not want to document anything else, does not want to give receipts, and would like to be paid in all cash. Can you give me some insight as to why she would want this?”

A:    A possible reason would be that the renter is leasing a rent-stabilized unit and wants only half the rent documented. By saying that you only pay half of what the landlord is actually charged (though actually charging you more), she can try to protect herself should you file an overcharge claim. Below is some basic information on rent stabilized apartments, overcharges, and how to go about resolving overcharge claims.



Rent Stabilization: The Basics

• “Rent Stabilization” refers to a set of laws that protect tenants from steep rent increases by placing limits on how much a landlord is legally allowed to increase a unit’s rent. Many buildings and apartments in the NYC Metro are subject to rent stabilization laws. To find out the status of your unit (or potential unit), you should call the NY State Division of Housing and Community Renewal (DHCR) at 718-739-6400 or 212-961-8930.

Overcharges


Sometimes landlords take advantage or unsuspecting tenants by overcharging rent on stabilized units. It can be very difficult to determine if the landlord is overcharging apartments. Landlords know this and some use complicated equations, which determine rent increases, to squeeze a little extra cash out of their tenants. Although, not all overcharges may be intentional, some landlords may make an oversight in calculating increases by accident.

If you can prove that the landlord has intentionally overcharged you, by comparing and analyzing rent increases and charges within the past four years (information you can obtain from the DHCR), you may also be entitled to triple damages. If the landlord must pay triple damages, which means that they are responsible for paying back three times the original costs of the overcharges. Before going straight to court, there are some precautions to take. Make sure the charges are above what the landlord is legally allowed to charge. Every year, a landlord is entitled to increase the rent by a small percentage deemed appropriate by the DHCR and the Rent Guidelines Board. For vacancy leases commencing between Oct. 1, 2009 and Sept. 30, 2010, the vacancy allowance for a one-year lease is 17% (if the owner provides heat to the tenant at no add'l charge) or 17.5% (if the tenant pays for their heat) and 20% (in either situation) for a two-year lease, according to New York City Rent Guidelines Board . So an increase in rent over previous years does not necessarily imply an overcharge.

Getting Your Money Back


Alert the Landlord: Upon finding overcharges and gathering appropriate evidence (i.e. your rent history for the last four years, receipts of paid rent, apartment improvement notices, etc.) you need to take the issue directly to your landlord.

The DHCR requires this before even filing a claim. An appropriate way to do this is to write the landlord a letter identifying the charges and giving them a 30-day limit to resolve the issue before filing a claim. It is best to use certified mail to send this letter; it will act as evidence that you have contacted the landlord about the overcharges. Also, you may avoid having to file a claim because many landlords would rather pay back the overcharges immediately instead of being taken to court and paying triple damages (New York Tenants’ Rights). If the landlord fails to respond or refuses to pay back any overcharged fees, you can either take them to court or file a claim through the DHCR.

• Go to Court: Going to court will be the fastest way to get your claim heard but it may also be expensive. Some landlords include attorney-fee clauses in which the tenant is responsible in paying the legal costs of the landlord if the judge fails to identify any overcharge fees. It is also advised that you too have an attorney to file a civil court case (New York Tenants’ Rights, 4).


• File Through the DHCR: Filing a claim through the DHCR will avoid the court. Unfortunately, this process, which can be done by mail, takes several months/years. The initial decision can take anywhere from eight months to two years. The landlord can then file an appeal that can take from 18 months to three years to process (New York Tenants’ Rights, 4).

Roommates, Not Landlords

Let’s say you planned on moving into an already occupied rent stabilized apartment, as a roommate. Although the landlord may be charging the legal rent, your roommate may be the one doing the overcharging. Tenants who overcharge their roommates are subject to the same penalties and punishments that normally apply to landlords. However, tenants who overcharge their roommates are subject to eviction, as is the overcharged roommate, if the landlord finds out about any overcharging (New York Tenant's Rights).

Living with Overcharges

Although tenants may be overcharged, some refuse to report their landlord or roommates. Sometimes the overcharge may still be rather cheap. For instance, one tenant was being charged $1350 which was double the legal limit. Since $1350 for a share in the West Village is around the average cost of a share in that neighborhood ($1200), the tenant contemplated paying the overcharges to avoid losing the apartment. Also taking into the consideration of any legal fees that may occur and the hassle of filing a claim, it may be easier to accept the charges. Although the Off-Campus Housing Office does not recommend such a situation, many tenants would rather be overcharged because of the convenience and relatively low cost of the apartment.

There are many online resources such as the New York City Rent Guidelines Board and the Rent Stabilization Association that can add further insight into rent stabilization and overcharges.

You are invited to join NYU in celebrating Veterans Day 2009 and the 90th Anniversary of the NYC Veterans Day Parade. NYU programs co-sponsored by the Student Resource Center and the Veterans Alliance.

Wednesday, November 11th:
Breakfast - 8AM, NYU Palladium Center (140 East 14th Street)
Join your classmates and friends for a casual breakfast on campus to begin the day.

NYC Eternal Light Monument Ceremony - 10AM, Madison Square Park (5th Avenue at 24th Street)
The parade is preceded by the traditional Opening Ceremony at Madison Square Park
This ceremony of remembrance and reflection features remarks by the Mayor of New York,
other senior elected officials, and special guests, as well as musical tributes and readings.
It is open to the public, with preferential seating available for veterans.
The ceremony culminates in a wreath laying, 21-rifle salute and playing of "Taps."
NYC Veterans Day Parade - 11AM, 5th Avenue (from 26th to 56th Streets)
The Nation's Parade will feature over 20,000 participants, including veterans of all eras,
active duty military, ROTC and Jr ROTC units, civic and youth groups, all accompanied by
music performed by a dozen of our nation's best high school marching bands.
If you are interested in marching with an NYU group, please contact Lauren Carrescia
at alumni.veterans@nyu.edu - students, staff, alumni and friends are welcome!

Dinner Reception and Dramatic Reading - 7:30PM, Jeffrey S. Gould Welcome Center (50 West 4th Street)
Tears in the Darkness: the Story of Bataan Death Match and its Aftermath
Authors and NYU Faculty Michael Norman (Journalism, FAS) and Elizabeth Norman (Steinhardt)
will read from their New York Times best-seller and host a Q & A session and book signing.
The book will be available for purchase and a light dinner will be provided.

Click here to RSVP

If you are unable to join us, you can still celebrate NYU's commitment to our student veterans.
Contact Erinn Kane at erinn.kane@nyu.edu to learn how you can make a gift to NYU's
Veterans Alliance Fund to support the Yellow Ribbon Rule and University Initiatives.

For assistance or referrals regarding off-campus concerns (housing search strategies, landlord/tenant conflicts, short term options, listing and availability, etc.) NYU students may schedule a consultation appointment by contacting the Off-Campus Housing Office by telephone, 212-998-4620 or via email, offcampus.housing@nyu.edu

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If you need assistance make sure to contact Off-Campus Services at (212) 998-4620!

New York University affiliates may also register for our Listings => DIRECT! service by sending an e-mail request. Participants of this service receive recently approved listings from within the Off-Campus Housing Registry - via e-mail. The service is available exclusively to the NYU community, and distribution is available to NYU e-mail addresses ONLY. If you unable to access your NYU e-mail account, make sure to contact ITS to activate it. Information about eligibility for NYU Home accounts is available at www.nyu.edu/its/students. You may also contact the Off-Campus Housing Office at (212) 998-4620 or offcampus.housing@nyu.edu for additional information.

The term for this service is two months. If, after the two month term, you have not found an apartment or wish to continue receiving listings, you may renew your registration by contacting the Off Campus Housing Office.

New York University has a cooperative relationship with Citi Habitats Relocation which offers a discounted broker commission to the NYU community. To access the Citi Habitats Relocation program, you must register through the Off-Campus Housing Office. Discounts cannot be guaranteed if you contact Citi Habitats directly.

The Citi-Habitats program is one option available to NYU students. NYU students are free to use any real estate brokerage they choose.

Register for the Citi-Habitats Relocation Program

The Off Campus Housing Office provides assistance to current and newly admitted NYU students, faculty, and staff (including those with families or non-student roommates) who are not eligible for or not interested in NYU student housing, and are seeking private off campus apartments for rental or purchase. Off-Campus Housing is dedicated to the successful transition of New York University affiliates and to being an abundant resource of information, guidance, and services.

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