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Posted by Michael on December 01, 2001 at 14:31:31:

I've always read here on this forum that it's best to go directly to housing court instead of filing a complaint with the DHCR for an apartment that we believe we are being overcharged greatly for. Basically, it's no longer rent-stabilized because the landlord...says so. DHCR report shows no change in rent-stabilization of unit, and landlord has not made any registrations on unit in over 2 years. I believe the apartment was vacant for one year.

Here's the new rub...we spoke with a lawyer who said that we can't go to housing court for an overcharge. That we would have to withhold rent first, then the landlord would sue, and then we could possibly bring up the overcharge as reason for withholding. What he DID say to do was to file with DHCR, which he agreed takes forever to make decisions. But he said, that technically, they have 90 days to make a decision. When the 90 days are up and they haven't made a decision (99% probability of that), you file what he called an "Article 17", with the State Supreme court, which "orders" the DHCR to render a decision within the next 90 days. So 180 days, and you're done.

Anyone got any advice on this plan? Does this sound right? wrong? I've never heard anyone mention this path before.

Thanks.

Michael

Follow Ups:

• Re: So the lawyer told me... TenantNet 12/01/01 (7)
  • Yikes, wrong advice from Tenant.Net!! nyhawk 12/07/01 (3)
    • Re: Yikes, question JJ 12/08/01 (2)
      • case nyhawk 12/10/01 (1)
        • Re: case: holdovers JJ 12/11/01 (0)
  • Re: And housing court is better because... Michael 12/01/01 (2)
    • the eternal question.... chelsea 12/02/01 (1)
      • test TenantNet 12/21/01 (0)

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Comments:
: I've always read here on this forum that it's best to go directly to housing court instead of filing a complaint with the DHCR for an apartment that we believe we are being overcharged greatly for.  Basically, it's no longer rent-stabilized because the landlord...says so.  DHCR report shows no change in rent-stabilization of unit, and landlord has not made any registrations on unit in over 2 years.  I believe the apartment was vacant for one year.  

: Here's the new rub...we spoke with a lawyer who said that we can't go to housing court for an overcharge.  That we would have to withhold rent first, then the landlord would sue, and then we could possibly bring up the overcharge as reason for withholding.  What he DID say to do was to file with DHCR, which he agreed takes forever to make decisions.  But he said, that technically, they have 90 days to make a decision.  When the 90 days are up and they haven't made a decision (99% probability of that), you file what he called an "Article 17", with the State Supreme court, which "orders" the DHCR to render a decision within the next 90 days.  So 180 days, and you're done.  

: Anyone got any advice on this plan?  Does this sound right? wrong?  I've never heard anyone mention this path before.

: Thanks.

: Michael


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