Posted by Cranky Tenant on September 02, 2001 at 17:09:53:
In Reply to: DHCR Rent Reductions (Failure to Maintain Service): How Long Are They In Effect For? posted by Al on September 02, 2001 at 16:31:17:
The order is in effect until the LL files a PAR (Petition for Administrative Review) and either the tenant confirms, or an inspection determins, that the services have been restored. Then DHCR would issue an order to restore the rent, and the tenant should receive copies of these documents.
As far as I know the LL still owes you any overpayments and would not have been entitled to collect any increases since the date the rent order was issued. And if you landlord failed to refund the overpayments you have every right to deduct them from the rent.... or live rent free until you recover your overpayments. There is also a "non compliance" complaint you can file if the LL fails to restore services after the rent order is issued.
However the fact that you went 14 years without taking these deductions is a bit puzzling. I guess as long as you weren't going to act on the Rent Order the LL had no reason to appeal it. I think only DHCR or a lawyer could tell you if there's any time limitation for taking these deductions.
: I obtained a DHCR rent reduction for my father's apartment (rent control) in 1987, in the amount of $44.00 per month for failure to maintain service:
: 1) No painting in apartment in 14 years
: 2) Defective windows
: 3) Defective front door
: 4) defective faucets
: 5) Peeling paint and plaster
: My father never took off the $44.00 a month in rent, out of fear from the landlord. The order was NEVER revoked and never cancelled, I obtained certified copies from DHCR.
: Can we still withhold payment? Can we pre date to 1987 and withhold that amount from the rent (over $7,000)? No services were ever fixed.
: Thank you.
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