Is a master-tenant allowed to increase the rent of a subtenant at any time?

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LawClueless

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Hi,

I am a subtenant in Manhattan, NY, renting a room from a master tenant. The master-tenant rents the apartment from a RENT-STABILIZED building, and he receives a lease credit called ECF (not sure what it stands for). The Landlord of the building is fully aware of my occupancy as a subtenant.

The master-tenant is thinking of increasing my portion of the rent in September. Right now, this is the breakdown of how much each of us is paying:
Rent Total: 2,134.70
Credit to Master-Tenant:1,157.63
Rent after credit is applied: 977.07
Tenant (myself): 1,100

The master-tenant does not have to pay anything out of his own pocket due to the credit received and my portion of the rent. I never signed a lease-agreement, and I am paying him month-to-month. My portion of the rent was set through a verbal agreement and email.

To complicate things, There are many things about the master-tenant that I am suspicious about:
1.) He is rarely at the apartment. He has a pretty big house up-state New York.
2.) He lives with his wife at the house in upstate New York. However, they're divorced on paper, because he said that he can get more benefits that way. I'm thinking this is related to the credit he's receiving?
3.) He gets food-stamps, even though he seems to generate enough cash to maintain his house upstate.

He recently informed me that he may increase the rent because in September, the landlord has increased his rent to $2476.00 and he will only be getting $650.00 as credit.

Can he increase my portion of the rent at anytime (before September)? Is there a limit on how much he can increase, given that this is a rent-stabilized apartment? Also, is he following the rules/regulations as a master-tenant?

Professional opinion is greatly appreciated.

Thank you!
LawClueless
 
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You should check with the city agency in NYC that handles rent controlled apartments and apartment rentals. He may not be able to sublet and rent rooms in a rent controlled apartment.

You should also contact social services, as he may be committing food stamp fraud.

Then, I'd move start looking for another apartment. You're living in a den of thieves, crooks, and shysters.




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Just a guess... I would bet that the rent stabilization is out the window in a subleasing scenario like this. The actual rent is not changing, just the breakdown of who pays what. So long as you are given proper notice of the increase I would expect it to be legit.
 
Thank you so much for all of your responses.

I'm actually fearing for my safety, as I started to learn all these facts about him... He took all of my information, including my income statement, social, etc. However, he only told me that he is going to use it for the application to the Landlord. At this point, I'm a bit afraid to trust him.

I have a private room with a door in the apartment. Would it be illegal for me, as a subtenant, to put a lock (with a key) on my door? Would I have to get his permission?

Again, all of your responses are helpful, as they direct me to find more info in the right places. Than you.
 
LawClueless said:
Thank you so much for all of your responses.

I'm actually fearing for my safety, as I started to learn all these facts about him... He took all of my information, including my income statement, social, etc. However, he only told me that he is going to use it for the application to the Landlord. At this point, I'm a bit afraid to trust him.

I have a private room with a door in the apartment. Would it be illegal for me, as a subtenant, to put a lock (with a key) on my door? Would I have to get his permission?

Again, all of your responses are helpful, as they direct me to find more info in the right places. Than you.
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It isn't wise to ignore those little voices that seem to scream in your head, "DANGER, DANGER, DANGER; WILL ROBINSON, DANGER!"

Get out, just get out as soon as you can.


But, if you persist in ignoring those voices, know this:


Illusory Sublets

An illusory sublet occurs when the alleged prime tenant has not actually been in physical occupancy of the apartment. This type of case is called an illusory prime tenancy because the alleged prime tenant does not maintain the apartment as a primary residence and the sublet is intended to evade various requirements of the Rent Stabilization Law and Code.

The subtenant of an apartment in an illusory sublet situation may file a "Tenant's Complaint of Owner's Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease" (DHCR Form RA -90) with DHCR. If DHCR finds that the complaint is justified, it will deny the illusory prime tenant the right to a renewal lease and require the owner of the building to recognize the subtenant as the actual tenant, who is entitled to a renewal lease at the lawful stabilized rent.

In addition, the illusory prime tenant will be legally responsible to refund all overcharges collected from the subtenant. If the illusory prime tenant has furniture in the apartment, DHCR may direct the subtenant to permit the furniture to be removed. If the subtenant can prove that the building owner received part or all of the overcharge, the owner will also be responsible for refunding the rent overcharge.

Sublets in Rent Controlled Apartments

The rules regarding sublets in rent controlled apartments are different from the rules regarding sublets in rent stabilized apartments. Generally, a rent controlled tenant who is not occupying an apartment pursuant to an existing lease cannot sublet the apartment without the owner's written consent. Many rent controlled tenants do not have existing leases.

The specific procedures set forth in this fact sheet for obtaining an owner's consent to a sublet do not apply to rent controlled apartments. In rent control, there is no specific limitation as to the amount of time that a tenant may sublet an apartment. However, the rent controlled tenant must obtain the owner's written consent to the length of the sublet, and must continue to maintain the apartment as his or her primary residence.

The Rent Regulation Reform Act of 1993 did not affect the collection of rent increases for the subletting of a rent controlled apartment, and therefore, no sublet allowance may be charged by the owner or prime tenant for rent controlled apartments without the approval of DHCR. This approval is not required for sublets in rent stabilized apartments.

Under Section 2202.6 of the Rent Control Regulations, an owner may apply to DHCR for a sublet allowance of ten percent when a prime tenant sublets to a subtenant. If the increase is granted, the prime tenant may pass it on to a subtenant.

While the prime tenant may not apply for a sublet allowance if the owner does not apply, a prime tenant who has rented an unfurnished apartment, which he/she sublets furnished, may apply for an appropriate rent increase under Section 2202.4. The amount of the increase, if any, which the prime tenant will receive will depend on the value and condition of the furniture.

Under these regulations, it is permissible for the prime tenant to pass on to the subtenant the owner's 10 percent sublet allowance, in addition to the furniture allowance.

The following forms are to be used for these situations: (1) Owners who wish to apply for a sublet allowance (Rent Control), should file an "Owner's Application for Increase of Maximum Rent (Increased Occupancy)" (DHCR Form RA-33.3). (2) Prime tenants who wish to apply for a furniture allowance (Rent Control), should file an "Owner's Application for Air Conditioner Charges or for an Increase in Maximum Rent for Painting" (DHCR Form RN-79b, Part B). Because DHCR Form RN-79b, Part B, currently does not have a section for applying for a furniture allowance, a prime tenant should attach to this form a cover letter explaining that he or she is applying for furniture allowance.

For more information or assistance, call the DHCR Rent InfoLine (718-739-6400)

http://www.housingnyc.com/html/resources/dhcr/dhcr7.html
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yes, i am looking for a new place to move ASAP! However, I have to go on a trip for a project that I am working on.

I won't be able to move out before my trip, so I wanted to take precautions.
 
LawClueless said:
yes, i am looking for a new place to move ASAP! However, I have to go on a trip for a project that I am working on.

I won't be able to move out before my trip, so I wanted to take precautions.
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Read, very carefully, what I posted above (IN GREEN).

If you approach this CORRECTLY, you can have the bum taken off the lease.

The lease can be then put in YOUR name.

Read what I posted above (IN GREEN), very carefully!
 
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