Posted by satori on February 28, 1999 at 18:14:33:
In Reply to: Re: DHCR (OVERCHARGE QUESTION )?? posted by Screwed? on February 28, 1999 at 13:43:16:
I think the judge that is handling your case has the right to decide how
to rule regardless of the law. She has to apply the law to your
situation. I think from what I was told it takes 4 to 6 years for
DHCR to rule, on a overcharge complaint. I think the judge can rule, on a overchage. Think of it even
if there is some clause, that says you can't get overcharged. The fact
is that you were, and weather they like it or not it should help
your defense if you don't get a prolandlord judges. i think there
all prolandlord judges. Well anyway.I filed a dhcr complaint, then
the landlord took me to court for a nonpayment case. What is best
is if you can hire a lawyer. my own thoughts, is they really don't care
about tenats rights,any of the courts.If they did they the landlords
would not be so quick to hire a landlord lawyer to file,a summary judgement
proceeding to remove the tenants.Well anyway, i never read were the courts
had to listen to the DHCr policies, so it might be to your advantage,
that he took you to court for non-payment of rent, because basically
in short the judge can rule whatever they dam please and that could be
in your favor, and you could get treble damages, rent reduced. Well anyway, i don't know the
specifics of your case.Try and go to some housing conferences, learn
about how others are succesful in housing court, preparing ectera.
: : :
: : : 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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