Posted by Brenda on October 07, 1999 at 19:34:15:
I've been involved in a protracted (New York State) DHCR case for the past five years. It has gone back and forth. I just won my case
saying such-and-such is a required service. Now the DHCR began proceedings saying, ok, has your such-and-such been
restored? The landlord and I are supposed to file papers on the subject. If I win, I get a rent abatement.
I just got the landlord's statement. He says, yep, the services have been restored. OK, I can understand him saying that.
But he ALSO says something like, the tenant
acknowledges that the services have been restored and has always said the services, the such-and-such, have been
in operation. Bull! And I can prove it's bull.
Not only is it not true, but I have a five-inch-thick pile of filings with the DHCR (in a related proceeding) complaining
bitterly how I aint got such-and-such. I even have a couple of filings in which this same lawyer says, "the tenant doesnt has complained
about the adequacy of her such-and-such"
So -- now comes my question. Can I ask for the landlord to lose on the basis of fraud? I looked at this tenant.net site and found a bunch
of DHCR opinions citing an Appellate Court decision, Lucot v. Gabel.(15 N.Y. 2nd 774) It applied to a rent-increase application where the landlord
filed fraudulent bills. However, the decision said if an application is "tainted by fraud," the application can be rejected.
Now this here is my application -- I want the rent reduction. But the landlord really told a big lie in defeating my application.
Does anyone out there think that this case may apply? I don't want to overreach.
I've seen this case applied in a few DHCR PARs, but mostly in situation where the landlord has made an application for something. Well,
what about when the landlord is trying to defeat an applicaiton?
Also, doesn't the landlord have to do more than just submit letters from his lawyers? That's what he's been doing, with very little in the
way of supporting documentation. I was just going to raise this point and then I realized, jeez,maybe I just make an issue of his lie..
Any thoughts on this would be appreciated. Thanks.
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