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Posted by Screwed? on February 28, 1999 at 13:43:16:

In Reply to: Re: DHCR posted by Richard on February 28, 1999 at 11:59:18:

: :
: : SENATOR CONNOR CARRIES ON FIGHT AGAINST
: : "DRYWALL DECONTROL"
: : "
: what will they think of next? click on link below for the whole article.

:
: Here's what they will think up next:::::

: The 1997 RRRA has a retroactive element called the four year rule, so if the LL files Fraudulent or
: NO Intial rent or yearly rent doucuments and they get caught,
: the DHCR will allow them to admend them
: so there is NO treble damage penalty or overcharge.

Is there any way to circumvent this? I am filing my answer to a non-payment petition and one of my many arguments is rent overcharge. LL filed NO initial rent or yearly documents and willfully overcharged. I am afraid that once he reads the answer that I give to the clerk, his lawyer will in fact RUN down to DHCR and retroactivly file. Do I have to include overcharge in my answer to the clerk, or can I raise it orally at the hearing, giving the lawyer no chance to retro-file?(sounds like a desperate and hinky ploy, I know -but what else can I do?)

Also, I have made my overcharge complaint to DHCR, but isn't it true that they have to inform the LL to get his side of the story before rendering a judgement? What good is it to file the complaint of past overcharge if the LL can easily make it dissapear?

Follow Ups:

• Re: DON'T File An Overcharge Complaint With DHCR Mark Smith 2/28/99 (0)
• Re: DHCR (OVERCHARGE QUESTION )?? satori 2/28/99 (1)
  • Re: DHCR (OVERCHARGE QUESTION )?? satori again 2/28/99 (0)
• Re: DHCR OVERCHARGE QUESTION : answer: yes Sam 2/28/99 (0)

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Comments:
: : :
: : :               SENATOR CONNOR CARRIES ON FIGHT AGAINST
: : :                           "DRYWALL DECONTROL"
: : : "
: :  what will they think of next? click on link below for the whole article.

: : 
: :    Here's what they will think up next:::::

: :   The 1997 RRRA has a retroactive element called the four year rule,   so if the LL files  Fraudulent  or
: :   NO  Intial rent or yearly rent doucuments  and they get caught, 
: :   the DHCR will allow them to admend them
: :   so there is NO  treble damage penalty or overcharge.

: 
: Is there any way to circumvent this? I am filing my answer to a non-payment petition and one of my many arguments is rent overcharge. LL filed NO initial rent or yearly documents and willfully overcharged. I am afraid that once he reads the answer that I give to the clerk, his lawyer will in fact RUN down to DHCR and retroactivly file. Do I have to include overcharge in my answer to the clerk, or can I raise it orally at the hearing, giving the lawyer no chance to retro-file?(sounds like a desperate and hinky ploy, I know -but what else can I do?)

: Also, I have made my overcharge complaint to DHCR, but isn't it true that they have to inform the LL to get his side of the story before rendering a judgement? What good is it to file the complaint of past overcharge if the LL can easily make it dissapear?



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