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Landlord failure to file with DHCR

Posted by Michael on December 02, 2001 at 12:20:56:

Ok, correct me if I'm wrong. I'm looking at a Housing Court Case: Kirschbaum v. Martinez, August 1998. It says Rent is frozen at last legal rent until landlord files annual registration statements with DHCR. I'm a new tenant in an apartment that is non-rent-stabilized only because of renovations/upgrades between last tenant and myself have raised Fair Market above $2,000/month. First off, I don't believe the renovations cost as much to the landlord, so I'm contemplating withholding rent as an overcharge for an examination of true costs of renovations.

Secondly, and here's my question concerning the case: does this case state that my legal rent is what DHCR reports it is if landlord hasn't filed any changes to that form? What I'm getting at is, that even if landlord wins the case by showing valid receipts for renovations, because he hasn't filed this renovation or change to apartment status with DHCR, I should still win an overcharge for each month I paid the high rent, until he files proper forms with DHCR.

Does this make sense? IF so, then my particular case just became black and white. My DHCR report shows no registrations for past two years.



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