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Re: Article 78 - Get a lawyer!

Posted by isaac on August 13, 1999 at 14:18:01:

In Reply to: Article 78 posted by Jay on August 13, 1999 at 00:07:34:

It is important to get a tenant lawyer to file article 78, as the judge will overturn DHCR's ruling only on narrow grounds.
Since you have no say on who is picked to preside over the case, your question on the judges' views is irrelevant. In general, Manhattan judges are likely to be more liberal than judges in the other borroughs.
As far as your LL lying, that is not new. Our LL used to submit phony documentation to DHCR alledging "apartment improvements" to justify wild rent increases, when overcharge complaints were filed. We finally got DHCR's own Enforcement Unit to investigate the LL, but only after we got help from our elected officials.

As expected, our rent challenge and PAR were denied
: by DHCR, even though we presented hard evidence that our
: landlord lied in order to get rent increases on our rent-
: controlled apartments here in NYC.
: Our next (and last) option is to file an Article 78 in
: New York State Supreme Court.
: Is anyone aware of the climate in Manhattan State Supreme Court these days?
: Are judges pro-tenant, pro-landlord; will they agree to review
: a case or will they uphold DHCR's decisions?
: Any information will be greatly appreciated. Thank you.

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