Posted by Don't Get Mad, Get Even! on March 10, 1999 at 14:04:12:
In Reply to: Re: Definitely not "failure to register"/ more like fraud posted by satori on March 08, 1999 at 19:27:53:
I need some hard "Nuts & Bolts" advice to nail this LL . . . esp. in the areas of COUNTERCLAIMS - causes for action, motions, asking for punishment, penalties, and punitive damages.
At this point, the landlord needs to realize he should cease and desist in his eviction attempt
: : Are you telling me there is no recourse now?
: : There is a clause in the PAR, "If the owner has already complied with the Rent Administrator's order and there are arrears due to the owner as a result of the instant determination . . ."
: : Q: How is LL required to prove that he has complied?
: : He tried to force agreement from tenant in a series of letters running off total overcharges as a rent credit with tenant disputing some counterclaims and amounts thereof/3-day notice to tenant threatening non-payment/eviction . . . tenant paid under protest.
: : Isn't LL required to have satisfied validity of his counterclaims to a court of competent jursdiction?
: : Q: After the PAR in October 1998, LL's attorney had sent a letter, again with a 3-day demand under threat of eviction for a rent figure that he calculated from DHCR's revoking rent overcharge that rolled back the rent to the amount consistent with the previous rent histories, their decision being based on the purported "amended registrations" for the previous two years TOTALLY IGNORING THAT FACT THAT THEY WERE NOT FAILUREs TO REGISTER, indeed, the rents were registered [not however the actual and excessive amounts I was paying], nor was I listed as the current tenant as required - isn't this clearly FRAUD AND EVASION OF THE LAW? - reasons to challenge a PAR that are not limited by that 60-day limitation for appeal?
: : Q: How is the LL required to prove he is entitled to collect the higher rent figure he calculated? And to justify that he is entitled to collect the arrears as a result of the instant determination in the PAR?
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