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Posted by TenantNet on March 07, 1999 at 07:04:41:

In Reply to: Is DHCR clear on Amended Registrations? posted by More news from the Tombstone on March 05, 1999 at 11:35:10:

You're caught in the McKee/Silver gotcha (after those who allowed this
legal sleight of hand to become law) and additional illegality from DHCR.
In 1993, the law was changed to allow LLs to amend registrations after
tenants filed overcharge cases and escape penalties for failure to register
AS LONG AS the only overcharge that could have occurred was due to
failure to register. If there were actual and real overcharges from
previous rents, it was still considered an overcharge and subject to
a finding of overcharge and treble damages if willfull.

However, in 1997 the law changed again and the four year rule was
tightened, meaning you can only claim or get overcharges for the last
four years prior to the time you complain. If the rents illegally jumped
in 1990 and you didn't file your complaint until 1995, DHCR will only
look back to 1991 accepting the illegal jumps from 1990.

You should speak to an attorney to see if you have a good case and if so, immediately
file an Article 78 appeal (you have 600 days from the PAR decision).

: Can someone clear up for me what the legal status of "amended" registrations are?
: In my long-standing Overcharge case [issued in my favor, then revoked in a PAR filed by LL] - LL's so-called amended registrations were accepted as evidence in Rent Commissioner's decision/they were not late registrations or failures to file - rents in a consistent rent history had been filed going back to 1984...however, neither was I correctly listed as the current tenant [for more than five years] - the LL claimed "clerical errors"!! For five years?? - and neither were the more-than-double excessive amounts I paid in cash every month [they always got my name right on bills, however!]
: registered as the actual rent amounts paid ...ISN'T THIS FRAUD AND EVASION OF THE RSL LAWS when LL neither registers ACTUAL rents paid or the correct name of the current tenant?
: After I filed overcharge complaint, since rent had "jumped" from $423.25 to $907.90 in 1990, LL tried to go back and change already registered amounts for the previous two years to conform to what was registered in 1990,[he left blank the check form for "reason for change...] and for the first time [in over five years of living in this building] finally got my name correct as the current tenant.
: QUESTIONS: what form should an amended registration take?
: How are they justified in the laws, if they are?
: How is it to be served on the tenant? What proof of that is necessary?
: How are these purported documents proved to be accepted by DHCR?
: And how is a LL permitted such attempts to completely undermine the rent laws?
: Should he not be penalized and fined for these frauds and evasion of the laws?

Follow Ups:

• Counterclaims in Housing Court Life in the Tombstone 3/10/99 (0)
• The time to file an Article 78 proceeeing is 60 days -- not 600 days! Hawk 3/08/99 (6)
  • it should be 2000 days.Re: The time to file an Article 78 proceeeing is 60 days -- not 600 days! satori 3/08/99 (0)
  • Definitely not "failure to register"/ more like fraud Beyond 60 days 3/08/99 (3)
    • Re: Definitely not "failure to register"/ more like fraud satori 3/08/99 (2)
      • Re: Thanks for being so "theoretical", but . . . Don't Get Mad, Get Even! 3/10/99 (0)
      • Re: the actual recent $100.000 overchargeRe: Definitely not "failure to register"/ more like fraud satori 3/08/99 (0)
  • Re: The time to file an Article 78 proceeeing is 60 days -- not 600 days! TenantNet 3/08/99 (0)

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Comments:
: 
: You're caught in the McKee/Silver gotcha (after those who allowed this
: legal sleight of hand to become law) and additional illegality from DHCR.
: In 1993, the law was changed to allow LLs to amend registrations after 
: tenants filed overcharge cases and escape penalties for failure to register
: AS LONG AS the only overcharge that could have occurred was due to
: failure to register. If there were actual and real overcharges from
: previous rents, it was still considered an overcharge and subject to
: a finding of overcharge and treble damages if willfull.

: However, in 1997 the law changed again and the four year rule was 
: tightened, meaning you can only claim or get overcharges for the last
: four years prior to the time you complain. If the rents illegally jumped
: in 1990 and you didn't file your complaint until 1995, DHCR will only
: look back to 1991 accepting the illegal jumps from 1990.

: You should speak to an attorney to see if you have a good case and if so, immediately
: file an Article 78 appeal (you have 600 days from the PAR decision).








: : Can someone clear up for me what the legal status of "amended" registrations are?
: : In my long-standing Overcharge case [issued in my favor, then revoked in a PAR filed by LL] - LL's so-called amended registrations were accepted as evidence in Rent Commissioner's decision/they were not late registrations or failures to file - rents in a consistent rent history had been filed going back to 1984...however, neither was I correctly listed as the current tenant [for more than five years] - the LL claimed "clerical errors"!! For five years?? - and neither were the more-than-double excessive amounts I paid in cash every month [they always got my name right on bills, however!]
: : registered as the actual rent amounts paid ...ISN'T THIS FRAUD AND EVASION OF THE RSL LAWS when LL neither registers ACTUAL rents paid or the correct name of the current tenant? 
: : After I filed overcharge complaint, since rent had "jumped" from $423.25 to $907.90 in 1990, LL tried to go back and change already registered amounts for the previous two years to conform to what was registered in 1990,[he left blank the check form for "reason for change...] and for the first time [in over five years of living in this building] finally got my name correct as the current tenant.
: : QUESTIONS: what form should an amended registration take?
: : How are they justified in the laws, if they are?
: : How is it to be served on the tenant? What proof of that is necessary?
: : How are these purported documents proved to be accepted by DHCR?
: : And how is a LL permitted such attempts to completely undermine the rent laws?
: : Should he not be penalized and fined for these frauds and evasion of the laws?


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