Posted by confused on August 16, 2001 at 16:30:53:
In Reply to: Re: DHCR RENTAL REGISTRATION? posted by Stacy on August 16, 2001 at 14:48:45:
Thanks for the feedback.
No, the LL didn't change the rent from the last tenant, despite the fact that I am paying $1000 more. I have sent the rental history to the LL (certified, return receipt) asking that we negotiate a new lease since this is a blatant overcharge. He just gave me the runaround and said he would get me some paperwork. Haven't heard from him in a month and a half. I was hoping we could settle this out of court, and perhaps he is hoping that I'll forget about the whole thing. I don't know. I have also consulted with 2 attorneys regarding the rental history and they both seem to think it is a clear-as-day overcharge case. Cut and dry. But, I don't really have the money for attorney fees right now. Would it be in my best interest to file an overcharge with the DHCR (hoping the LL will come to the table and negotiate), or do I withold rent and have him take me to court for non-payment and then I counter sue? I'd rather not put myself in the position of non-payment. Too much stress. Whattya think?
: The DHCR statement is *not* legally binding. Landlord didn't hike the registered rent at all from the previous tenants? Odd. This sounds like one to have a lawyer look over and advise--a consultation would only run you $80 or so.
: Unfun as landlord confrontation is, you might want to show the rent history you have and see what the landlord says. If you go to court and win, the landlord would be libel for triple damages for the amount you've overpaid ($1K/month)--so the landlord might be amenable to settling this without a nasty court battle and writing you a new lease for $600.
: : : Until you know for sure, keep paying the rent. You can get your registration history tomorrow morning if you go there(DHCR).
: : I have the rental history and it shows that the people who were renting before me were paying approximately $600, yet, I am paying $1600. I am aware of the rules regarding 1/40th cost of improvements and that he is allowed to charge 18% after a vancany since previous tenants were here many years. Now, I've received the new registration with my name and it is stating that I am paying $600 (and actually paying $1600). SO, now that I know all that, would it be kosher to pay the amount that is actually registered or do I stick to what is on my lease and duke it out with the LL in court or through DHCR? Not sure which document is more legally binding, the DHCR registration or the lease. I would've thought if the LL wanted to really pull one over on me, he would've registered the new, inflated rent or at least added in his 18%.
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