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Posted by tenantperson on August 07, 2001 at 01:39:32:

In Reply to: Re: Misinformation on this board --beware!!! posted by Lilly on August 06, 2001 at 01:44:44:

But in this case, there is only ONE right answer--which is that you file a DHCR complaint if the landlord seeks to base a rent increase on something higher than the preferential rent. There is no downside to that. The worst that happens is you pay the higher rent. The upside is treble damages. No lawyer necessary.

If the LL had a fighting chance he would have fought. He didn't.

Your "you got lucky comment" is simply wrong -- again, the kind of misinformation I'm talking about. Read the Appellate Term opinion--somebody posted it here. It was very narrowly drafted to the specific events. Read another post that, even more importantly, saying that the DHCR was continuing to interpret the issue in a favorable way.
Again, you prove my point--people who don't absolutely know the facts should not be spouting their opinions unless they say "I don't know the facts, but based on my partial knowledge, this is what I think."
The fact is, after reading that answer I practically accepted the higher rent! Fortunately I went back on this board in the nick of time.

: In case you haven't noticed: If you ask 3 different attorneys the same question, you'll get 3 different answers. The opinions on Tenant.net aren't wrong-you just got lucky with your LL-he could have just as easily gone the other way, and he has the right to, so far. Lawsuits seeking to overturn some of these issues are filed in part because enough people talk about them and disagree with the new provisions, or the latest decisions, and attract attention. If enough people, or the right people, make enough noise, something gets done about it. On the preferential rent issue,, there isn't any case law to speak of. Some of us non-lawyers know as much as the lawyers, sometimes even more.

Follow Ups:

• Re: More misinformation chelsea 08/07/01 (1)
  • No, Anna was always right! callie 08/07/01 (0)

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Comments:
: But in this case, there is only ONE right answer--which is that you file a DHCR complaint if the landlord seeks to base a rent increase on something higher than the preferential rent. There is no downside to that. The worst that happens is you pay the higher rent. The upside is treble damages. No lawyer necessary.

: If the LL had a fighting chance he would have fought. He didn't. 

: Your "you got lucky comment" is simply wrong -- again, the kind of misinformation I'm talking about. Read the Appellate Term opinion--somebody posted it here. It was very narrowly drafted to the specific events. Read another post that, even more importantly, saying that the DHCR was continuing to interpret the issue in a favorable way.
: Again, you prove my point--people who don't absolutely know the facts should not be spouting their opinions unless they say "I don't know the facts, but based on my partial knowledge, this is what I think."
: The fact is, after reading that answer I practically accepted the higher rent! Fortunately I went back on this board in the nick of time.

: : In case you haven't noticed: If you ask 3 different attorneys the same question, you'll get 3 different answers. The opinions on Tenant.net aren't wrong-you just got lucky with your LL-he could have just as easily gone the other way, and he has the right to, so far.  Lawsuits seeking to overturn some of these issues are filed in part because enough people talk about them and disagree with the new provisions, or the latest decisions, and attract attention. If enough people, or the right people, make enough noise, something gets done about it. On the preferential rent issue,, there isn't any case law to speak of. Some of us non-lawyers know as much as the lawyers, sometimes even more.



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