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Posted by dj on August 24, 2001 at 10:45:26:

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

Was it used as an office or the landlords family...?

what was the history of the apartment?

The 1997 regulations state if it was exempt for 4 years then the landlord can charge a first rent, and you have to file a fair market rent appeal.

what is your rent? and what is the rent in the other apartments?

: 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!

Follow Ups:

• Re: DHCR Decision...question: "first rent" Danny 08/29/01 (1)
  • Re: DHCR Decision...question: "first rent" Sue 08/30/01 (0)

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Comments:
:   Was it used as an office or the landlords family...?

:   what was the history of  the apartment?

:  The 1997 regulations state  if it was exempt for 4 years then the  landlord can charge a first rent,  and you have to file a fair market rent appeal.

:  what is your rent?  and what is the rent in the other apartments?   


: 
: : 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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