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Posted by   on December 24, 2000 at 12:43:18:

In Reply to: Re: new rules--effect on pending DHCR actions posted by Jane on December 23, 2000 at 15:42:36:

Comments by tenant attorneys on new regualtions:

http://tenant.net/DHCR_info/newcode/legserv-RSC.html

Comments by DHCR union leader on new regulations:

http://tenant.net/DHCR_info/newcode/Carbone.html

: :
: : 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 .. 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)

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Comments:
: Comments by tenant attorneys on new regualtions:  

: http://tenant.net/DHCR_info/newcode/legserv-RSC.html  

: 
: Comments by DHCR union leader on new regulations:  

: http://tenant.net/DHCR_info/newcode/Carbone.html  

: 
: : :
: : : 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.


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