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Posted by chelsea on August 23, 2001 at 21:37:59:

In Reply to: DHCR Decision posted by JayCee on August 23, 2001 at 20:03:35:

That sucks. You need to file a PAR within the designated time limit (about 30 days), and possibly a request to revoke/reconsider the order if there was a lack of due process or other irregularities. Read up on how to do this on this web site, and if you're not sure you can do it yourself, you need to hire a tenant lawyer. Do not miss the deadline however.

Chelsea

: New York City Rent Stabilized Apartment?

: I filed an overcharge complaint against my LL in Feb. Today, I received the DHCR decision to deny my complaint. While the LL never informed me that the apartment was stabilized, never provided me with a stabilization rider, never issued a rent calculation worksheet, never informed me of my rights under the stabilization laws, and hadn't filed any annual registrations in 13 years - he somehow prevailed at the DHCR.

: Through pure luck the apartment was vacant 4 years ago (base date) and the DHCR accepted that rent as the legal regulated rent even though this figure was not based on any previous rent history.

: My question is this: Rent aside - the LL clearly (and knowingly) disobeyed the laws concerning rent stabilization and issuance of vacancy leases. Can I now sue him in District Court for his illegal actions? Do I need to show damages? Isn't the landlore bound to obey the laws even if he 'happens' to be charging the correct rent?

: Thanks to all for your help!

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Comments:
: That sucks. You need to file a PAR within the designated time limit (about 30 days), and possibly a request to revoke/reconsider the order if there was a lack of due process or other irregularities.  Read up on how to do this on this web site, and if you're not sure you can do it yourself, you need to hire a tenant lawyer.   Do not miss the deadline however.

: Chelsea


: 
: : New York City Rent Stabilized Apartment?

: : I filed an overcharge complaint against my LL in Feb. Today, I received the DHCR decision to deny my complaint.  While the LL never informed me that the apartment was stabilized, never provided me with a stabilization rider, never issued a rent calculation worksheet, never informed me of my rights under the stabilization laws, and hadn't filed any annual registrations in 13 years - he somehow prevailed at the DHCR. 

: : Through pure luck the apartment was vacant 4 years ago (base date) and the DHCR accepted that rent as the legal regulated rent even though this figure was not based on any previous rent history.

: : My question is this:  Rent aside - the LL clearly (and knowingly) disobeyed the laws concerning rent stabilization and issuance of vacancy leases.  Can I now sue him in District Court for his illegal actions? Do I need to show damages? Isn't the landlore bound to obey the laws even if he 'happens' to be charging the correct rent?

: : Thanks to all for your help!


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