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Re: Is an invalid Certificate of Occupancy an "irregularity in a vital matter" to re-open a PAR?

Posted by me on November 12, 2001 at 13:58:23:

In Reply to: Is an invalid Certificate of Occupancy an posted by No Time Limit on November 12, 2001 at 07:43:59:

Well, as one of the few people who has ever actually been GRANTED such a reversal on a request for reconsideration, I have an opinion on this one.
The answer would appear to be no. The "irregularity" refers to something the DHCR did wrong--for example, in my case, issuing a ruling without giving me a chance to respond.
Was there "fraud" involved? If so, you may have a chance. No harm in trying. Fraud would mean the LL said--I did have a CO. But why wasnt this lack thereof discovered three years ago?
I would consider other remedies if I were you. You may wish to file a new complaint--I really don't know.

: 3 years after LL was granted a PAR reversing a Rent Overcharge Order & Finding, it turns out building CO in records of DOB only allowed 377 residential units whereas rents were being charged and collected on 428 units during whole time of DHCR's review process.
: After this longstanding abuse of multiple dwelling laws, can the LL now attempt to evade being subject to penalties by trying "to legalize existing conditions" - and is this "cure" retroactive?

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