Posted by TenantNet on March 05, 1997 at 01:09:35:
In Reply to: Overcharge procedure? posted by Drew on March 01, 1997 at 17:20:57:
: I called the DHCR regarding the rent of my apartment and was told that
: I may have 'found a rat' regarding the increase between tenants, etc.
: They sent me a form (Tenant's complaint of rent... Form RA-89).
: I want to do things perfectly to avoid any problems in the procedure.
: What is the procedure? Do I need to address this with my landlord
: before sending in the form? If so, is there a standard letter to write
: to the landlord/owner??
: Is there a documented procedure that must be followed?
DHCR recently re-designed their form to make it more difficult for tenants
to file overcharge complaints, what many tenant advocates see as a campaign
of intimidation. There is no law that requires you to notify your landlord
prior to making a complaint even though DHCR will tell you that you must.
If you're willing to challenge that provision, then go for it. In some
cases, you may be better off making your overcharge claim in court which
has concurrent jurisdiction and "might" do a better job of following the
law than DHCR. If you go with DHCR, then follow the form. I would also recommend
you read the fact sheets and other Rent Stab info on the web site.
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