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Posted by me on August 24, 2001 at 10:35:53:

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

I agree with what's been said about filing a PAR and a request to reconsider. Just a couple of thoughts--as one who's been there.
1)Be careful about the time limits for a PAR. It must be postmarked within a specific time period (20 or 30 days, I forget which). Send it certified, return receipt requested.
2)Thoroughly research the issues. Remember to include copies of ALL relevent documents. Don't just say, "they're in the file." It seems like you have a strong case. Many PARs are granted because often the "rent administrators" are complete idiots.
3)Remember that requests to reconsider are granted only on very narrow grounds, such as gross procedural irregularities. Check the fact sheet on that. It may not be worth doing. The DHCR won't reconsider even patently moronic decisions. However, if, say, you didn't get served with the landlord's answer--that's grounds for reconsideration. Even if you file a request to reconsider, you MUST file for the PAR on time!
4)Forget about a court appeal until you'v exhausted your appeals with the DHCR. If you lose there, you can then appeal to the NY State Supreme Court, but you will need a lawyer.

: 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:
: I agree with what's been said about filing a PAR and a request to reconsider. Just a couple of thoughts--as one who's been there.
: 1)Be careful about the time limits for a PAR. It must be postmarked within a specific time period (20 or 30 days, I forget which). Send it certified, return receipt requested.
: 2)Thoroughly research the issues. Remember to include copies of ALL relevent documents. Don't just say, "they're in the file." It seems like you have a strong case. Many PARs are granted because often the "rent administrators" are complete idiots. 
: 3)Remember that requests to reconsider are granted only on very narrow grounds, such as gross procedural irregularities. Check the fact sheet on that. It may not be worth doing. The DHCR won't reconsider even patently moronic decisions. However, if, say, you didn't get served with the landlord's answer--that's grounds for reconsideration. Even if you file a request to reconsider, you MUST file for the PAR on time!
: 4)Forget about a court appeal until you'v exhausted your appeals with the DHCR. If you lose there, you can then appeal to the NY State Supreme Court, but you will need a lawyer.

: : 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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