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Posted by Mark Smith on July 20, 1999 at 09:03:02:

In Reply to: Landlord does not acknowledge DHCR Orders posted by myrna on July 20, 1999 at 01:49:27:

Your overcharge complaint would have been
resolved more expeditiously -- and possibly for
treble damages -- if you had bypassed DHCR and
gone directly to court. However, you have a DHCR order for an overcharge, although now without
treble damages.

You don't indicate if the landlord appealed the
PAR decision in an Article 78 proceeding, or if
you have made any efforts to recoup the
overcharges. I think you should consult an
attorney about collecting the overcharges,
getting the current rent reduced to the proper
amount, and removing the arrears, late charges, and legal fees from your account.

: In 1993, DHCR found landlord responsible for
"willful" rent overcharge after I charged a
complaint in 1989. Our rent was reduced and
landlord was required to pay back treble and a
new lease was to be renewed in 1995. Landlord
filed PAR.
: Years later and without a lease, treble charges were reduced by DHCR's review. All throughout
this period of years of disputing with landlord
and awaiting DHCR's reviews, my rent continued to go up and each rent bill showed a balanced owed
: and a fee of $10 dollars for each month of
"late" payment. DHCR assured me that I was to
continue to pay the reduced rent until landlord
renewed lease. Today, according to landlord's
records, I owe over $4,000 dollars of rent and
for the July rent bill
: he attached a $75 fee for an eviction. I
called landlord's office and was advised I would
not speak to him, but to a manager. Manager said the eviction was to go through because I owed
money. I explained I had the documentation to
prove
: that the eviction would be unsubstantiated, and that I had the documents to prove. She asked for copies and told me she would remove the eviction
fee and place the procedure on hold. A few years ago, another "manager" asked for the documents.
: I never heard from her and she no longer works

Follow Ups:

• Re: Landlord does not acknowledge DHCR Orders Mark Smith 7/20/99 (0)

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Comments:
: Your overcharge complaint would have been 
: resolved more expeditiously -- and possibly for 
: treble damages -- if you had bypassed DHCR and 
: gone directly to court.  However, you have a DHCR order for an overcharge, although now without 
: treble damages.

: You don't indicate if the landlord appealed the 
: PAR decision in an Article 78 proceeding, or if 
: you have made any efforts to recoup the 
: overcharges.  I think you should consult an 
: attorney about collecting the overcharges, 
: getting the current rent reduced to the proper 
: amount, and removing the arrears, late charges, and legal fees from your account.

: 
: : In 1993, DHCR found landlord responsible for 
: "willful" rent overcharge after I charged a 
: complaint in 1989. Our rent was reduced and 
: landlord was required to pay back treble and a 
: new lease was to be renewed in 1995. Landlord 
: filed PAR.  
: : Years later and without a lease, treble charges were reduced by DHCR's review. All throughout 
: this period of years of disputing with landlord 
: and awaiting DHCR's reviews, my rent continued to go up and each rent bill showed a balanced owed
: : and a fee of $10 dollars for each month of 
: "late" payment.  DHCR assured me that I was to 
: continue to pay the reduced rent until landlord 
: renewed lease.  Today, according to landlord's 
: records, I owe over $4,000 dollars of rent and 
: for the July rent bill
: : he attached a $75 fee for an eviction.  I 
: called landlord's office and was advised I would 
: not speak to him, but to a manager.  Manager said the eviction was to go through because I owed 
: money.  I explained I had the documentation to 
: prove
: : that the eviction would be unsubstantiated, and that I had the documents to prove.  She asked for copies and told me she would remove the eviction 
: fee and place the procedure on hold.  A few years ago, another "manager" asked for the documents.
: : I never heard from her and she no longer works 


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