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Posted by EGH on July 19, 2000 at 14:16:09:

In Reply to: Re: Victory! Now what? posted by Brenda on July 19, 2000 at 11:36:10:

I told the tenant to withhold rent to recoup the overcharge.
This is not telling him to get lost.

Yes, if the landlord does begin an article 78 proceeding
(which we are told has not happened yet, and may not
happen at all), it would be against DHCR, not against the
the tenant. However, the tenant may have a substantial
interest in the case. Article 78 proceedings are not
generally a pro se affair. If the landlord starts an
article 78 proceeding, the tenant should consult an attorney
to see what, if anything, should be done. This is better than
discovering in a couple years that the landlord has won the
case and that he (the tenant) owes the landlord a substantial
sum of money.

:
: : Assuming that the landlord will not give you a refund, the original rent reduction order probably authorizes you to deduct the retroactive amount from
: : your rent. I don't see any reason not to go ahead an do that. If the
: : landlord begins an article 78 proceeding, you should consult a tenant attorney
: : and do what the attorney says.

:
: I think that would be money down the drain. The tenant does not have to hire a lawyer if the LANDLORD loses an Art. 78. The DHCR would defend that. Also, he posted here to get some guidance. Basically you are telling him to get lost.

: I can't answer his question, but obviously you can't either. Giving him bad advice to "consult a lawyer" to answer a simple question is not helpful.

Follow Ups:

• Re: Victory! Now what? brenda 07/19/00 (2)
  • Re: Victory! Now what? EGH 07/19/00 (1)
    • Re: Victory! Now what? louis 07/21/00 (0)

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Comments:
: I told the tenant to withhold rent to recoup the overcharge.
: This is not telling him to get lost.  

: Yes, if the landlord does begin an article 78 proceeding 
: (which we are told has not happened yet, and may not 
: happen at all), it would be against DHCR, not against the
: the tenant.  However, the tenant may have a substantial
: interest in the case.  Article 78 proceedings are not
: generally a pro se affair.  If the landlord starts an
: article 78 proceeding, the tenant should consult an attorney
: to see what, if anything, should be done.  This is better than
: discovering in a couple years that the landlord has won the 
: case and that he (the tenant) owes the landlord a substantial
: sum of money.


: : 
: : : Assuming that the landlord will not give you a refund, the original rent reduction order probably authorizes you to deduct the retroactive amount from 
: : : your rent.  I don't see any reason not to go ahead an do that.  If the 
: : : landlord begins an article 78 proceeding, you should consult a tenant attorney
: : : and do what the attorney says.

: : 
: : I think that would be money down the drain. The tenant does not have to hire a lawyer if the LANDLORD loses an Art. 78. The DHCR would defend that. Also, he posted here to get some guidance. Basically you are telling him to get lost. 

: : I can't answer his question, but obviously you can't either. Giving him bad advice to "consult a lawyer" to answer a simple question is not helpful. 


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