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Posted by Mark Smith on July 20, 1999 at 12:29:05:

In Reply to: Re: Landlord does not acknowledge DHCR Orders posted by Mark Smith on July 20, 1999 at 09:03:02:

If your lease (even if it is an expired lease) contains a clause obligating you to pay the landlord's attorneys' fees if he successfully sues you for a default under the lease, you have a similar right to collect your attorneys' fees pursuant to Real Property Law §234.

: 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.

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Comments:
: If your lease (even if it is an expired lease) contains a clause obligating you to pay the landlord's attorneys' fees if he successfully sues you for a default under the lease, you have a similar right to collect your attorneys' fees pursuant to Real Property Law §234.

: 
: : 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.


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