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Posted by Jane on August 23, 2001 at 22:37:46:

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

: 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.

Definately file that PAR: no reg for 13 years? no base date.

: 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.

If it was vacant, the rent was $0; but he has to register the previous rent. IMPROPER reg is the same as no reg.

Question: which is it? 13 years no reg? or reg as vacant on date 4 yrs prior to your complaint date?

: 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?

NO: your only recourse is the OC: file that PAR.

: Thanks to all for your help!

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: : 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. 

: Definately file that PAR: no reg for 13 years?  no base date.

: 
: : 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.

: 
: If it was vacant, the rent was $0; but he has to register the previous rent.  IMPROPER reg is the same as no reg.  

: Question: which is it? 13 years no reg? or reg as vacant on date 4 yrs prior to your complaint date?  

: : 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?

: NO: your only recourse is the OC: file that PAR.

: : Thanks to all for your help!


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