---

Posted by Jane on December 23, 2000 at 15:42:36:

In Reply to: new rules--effect on pending DHCR actions posted by Benny on December 23, 2000 at 13:13:15:

: I read the new rules on the DHCR website, and the tenant.net interpretation of them, and one thing remains unclear--what effect, if any, will this have on tenants who have pending DHCR cases?
: I have a pending DHCR rent-reduction case. The DHCR has ordered my services restored. Could the landlord now claim they are "deminimus"?

The rule of law is that new laws are not retroactive unless it says so in the new law.

Of course, these are new administrative rules, not new laws, but the same should apply.

Since DHCR already issued an order in your case, they can't take it back. However, if the landlord fails to comply, or files a PAR, DHCR could use the new rules.

ps: where did you read the Tenant Net interpretation? please post URL for us. thanks.

Follow Ups:

• Re: new rules--effect on pending DHCR actions Benny 12/24/00 (1)
  • Re: new rules--effect on pending DHCR actions   12/24/00 (0)
• Re: new rules--effect on pending DHCR actions   12/24/00 (2)
  • Re: new rules--effect .. DHCR actions: the URLs for comments Jane 12/24/00 (1)
    • Re: new rules--effect .. DHCR actions: the URLs for comments   12/25/00 (0)

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: : I read the new rules on the DHCR website, and the tenant.net interpretation of them, and one thing remains unclear--what effect, if any, will this have on tenants who have pending DHCR cases?
: : I have a pending DHCR rent-reduction case. The DHCR has ordered my services restored. Could the landlord now claim they are "deminimus"?

: The rule of law is that new laws are not retroactive unless it says so in the new law.

: Of course, these are new administrative rules, not new laws, but the same should apply.

: Since DHCR already issued an order in your case, they can't take it back.  However, if the landlord fails to comply, or files a PAR, DHCR could use the new rules.

: ps: where did you read the Tenant Net interpretation? please post URL for us.  thanks.


Optional Link URL:  
Link Title:         
Optional Image URL: 

---