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Posted by TenantNet on January 10, 1999 at 16:16:57:

In Reply to: Re: pay rent into escrow after filing complaints with DHCR? posted by Jerry on January 05, 1999 at 23:06:44:

: There is no provision that allows a tenant to essentially withold rent from the landlord simply because a tenant files a rent overcharge complaint. (Putting rent money into escrow deprives the landlord of the use of your rent money.) You don't need to resort to an escrow account because if you win a rent overcharge complaint you can convert the DHCR order to a judgment and collect your money as you can any other money judgment -- including having the sheriff sell any assets of the landlord, such as the building you live in.

True. I'm a bit rusty as I know this was up for revision a few years ago, but it used to be that tenants had the option of seeking relief for rent overcharges either through DHCR or through housing court. You could pick your forum as both had concurrent jurisdiction. Anyone know the latest on this?

Follow Ups:

• Which forum to pick to complain about a rent overcharge in New York City Hawk 1/11/99 (2)
  • Had to backtrack.... TM 2/15/99 (0)
  • Re: Which forum to pick to complain about a rent overcharge in New York City John E. Marrre 1/14/99 (0)

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: : There is no provision that allows a tenant to essentially withold rent from the landlord simply because a tenant files a rent overcharge complaint. (Putting rent money into escrow deprives the landlord of the use of your rent money.) You don't need to resort to an escrow account because if you win a rent overcharge complaint you can convert the DHCR order to a judgment and collect your money as you can any other money judgment -- including having the sheriff sell any assets of the landlord, such as the building you live in.  

: True. I'm a bit rusty as I know this was up for revision a few years ago, but it used to be that tenants had the option of seeking relief for rent overcharges either through DHCR or through housing court. You could pick your forum as both had concurrent jurisdiction. Anyone know the latest on this?



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