Posted by EGH on July 19, 2000 at 18:36:09:
In Reply to: Re: Victory! Now what? posted by brenda on July 19, 2000 at 16:12:26:
As far as I can see, there were two questions:
1. Can he withhold rent now? My answer: Yes.
2. Does (would) an article 78 proceding stay his recovery
of the overcharge? My answer: if and when the landlord
begins an article 78 case, talk to an attorney.
Dealing with certain specific tenant concerns in a forum
like this is easy (e.g. I have rats crawling on my children's
faces at night; can I sue the landlord. Yes you can sue the landlord).
Dealing with other types of concerns in this type of
forum is harder. Dealing with what might or might not be
part of a hypothetical landlord legal action
is not something that can be easily dealt with in a forum
like this. You don't know what relief the landlord might
ask if he begins an article 78 proceding, and without seeing
the papers it would be irresponsible to try to guess how to
respond. The responsible answer in this case is to consult
a tenant attorney if the landlord begins this type of proceding.
If you think that telling someone that sometimes it's best to
talk to an attorney is the same as telling him to get lost:
well, that's also an issue beyond the scope of a forum like this.
: : 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.
: But you're answering a question he didn't ask. He didn't ask what he should do if the landlord files an Art. 78.
: He asked if the filing of an Art. 78 automatically stays collection of the retroactive portion of the rent decrease. Think about it. If it does, he has to wait 60 days to see if they file an Art. 78. If it doesnt, he can start collection right away.
: Telling him to "talk to a lawyer" and not answering his question is the same as telling him to get lost.
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