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Posted by louis on July 21, 2000 at 12:06:51:

In Reply to: Re: Victory! Now what? posted by EGH on July 19, 2000 at 18:36:09:

: 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.

Thanks. I do appreciate the response, but I guess I was a little frustrated by the original one as I felt--perhaps incorrectly--that it did not answer my question.

I don't think questions like this are hypothetical. I have a live case, and a practical situation--as someone pointed out, I need to know now whether to withhold rent.

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Comments:
: : 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.

: Thanks. I do appreciate the response, but I guess I was a little frustrated by the original one as I felt--perhaps incorrectly--that it did not answer my question.

: I don't think questions like this are hypothetical. I have a live case, and a practical situation--as someone pointed out, I need to know now whether to withhold rent. 


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