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Re: Is this a lie or is it "fraud"????

Posted by Robyn on October 13, 1999 at 07:17:46:

In Reply to: Is this a lie or is it posted by Brenda on October 07, 1999 at 19:34:15:


: Hi all,
: 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

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