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Re: collecting payment after DHCR final decision

Posted by Dana on May 08, 2000 at 17:22:20:

In Reply to: collecting payment after DHCR final decision posted by Lise on May 08, 2000 at 15:48:03:

: Can anyone share information or advice on this???

: I won a DHCR Overcharge case (with triple damages) against my upper west side landlord in 1993 (without hiring a lawyer). The landlord filed a PAR and subsequently sold the building. Recently, the PAR was denied by the DHCR. The original landlord's lawyers have now contacted me to say that an escrow account was set up when the building was sold, to pay me if the PAR was denied. And they are now ready to send me the money - the exact amount determined by the DHCR in 1993. (They also informed me that the escrow account contains well over the figure determined in 1993) I contacted DHCR and was told that I am entitled to 9% annual interest up until date of payment. The landlord's lawyers refuse to discuss this.

: What chance have I to get this interest, which is considerable? What kinds of laws regulate escrow accounts like this one? Can these lawyers legally keep the additional amount they don't want to pay me?

: What are my options to resolving this? Do I need a lawyer? And, if so, can anyone suggest good knowledgeable (reasonably priced) lawyers to help with this?

: Any help/advice will be much appreciated!

That 9% interest rate is set by state law.

If the lawyers wrote you a letter, respond to it, certified RRR, that you'd be happy to receive their payment of the overcharge plus statutory interest of 9% from the date of the decision as advised by DHCR. You might even quote DHCR, if they wrote this in one of their Fact Sheets or Opinions: online on Tenant.net or dhcr.state.ny.us

If you don't get the check, go to DHCR in person or call Met Council or use one of the lawyers who advertise here to write a letter.

ps: read the PAR carefully: if you still live in the same apartment, you can just subtract all of it from the rent until it is paid in full. If you don't live there anymore, you might have to file for a judgment in court to force them to pay the whole thing.

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