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Posted by Gregg on February 10, 2002 at 09:14:02:

In Reply to: When filing an overcharge complaint................... posted by judy on February 08, 2002 at 10:26:05:

: Which would be the best way to do it? Should we hire a lawyer (which would probably mean $$$$! )or should we just file a complaint w/DHCR?

: If a lawyer represents us, will the process be quicker than filing w/DHCR (what's that approx. 4yrs) ?

:
: Any comments would be much appreciated...............

: Thanks

Regarding your filing of a rent-overcharge complaint; The DHCR used to have a significant backlog of cases, which caused a delay for as much as a couple of years before they even got to your case. Recently, however, a tenant in my building filed one, and they got back a response to proceed in only a matter of a couple of months.

And remember, the filing is for the time that you spent in the apartment. If you should have to move before you get a response from DHCR, simply write to them with the docket # (which they send you very quickly, when they receive your complaint) and give them your forwarding address. If you are successful, the LL will have to send you a check, eventually, for the amount of the overcharge determination, plus interest. Possibly treble-damages, if it is ruled a "willful overcharge." Good luck, and keep us informed as to your progress!

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• Re: When filing an overcharge complaint................... judy 02/10/02 (0)

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Comments:
: : Which would be the best way to do it? Should we hire a lawyer (which would probably mean $$$$! )or should we just file a complaint w/DHCR?

: : If a lawyer represents us, will the process be quicker than filing w/DHCR (what's that approx. 4yrs) ?

: : 
: : Any comments would be much appreciated...............

: : Thanks

: 
: Regarding your filing of a rent-overcharge complaint; The DHCR used to have a significant backlog of cases, which caused a delay for as much as a couple of years before they even got to your case. Recently, however, a tenant in my building filed one, and they got back a response to proceed in only a matter of a couple of months. 

: And remember, the filing is for the time that you spent in the apartment. If you should have to move before you get a response from DHCR, simply write to them with the docket # (which they send you very quickly, when they receive your complaint) and give them your forwarding address. If you are successful, the LL will have to send you a check, eventually, for the amount of the overcharge determination, plus interest. Possibly treble-damages, if it is ruled a "willful overcharge."  Good luck, and keep us informed as to your progress!


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