Posted by Life in the Tombstone on March 10, 1999 at 14:29:52:
In Reply to: Re: Is DHCR clear on Amended Registrations? posted by TenantNet on March 07, 1999 at 07:04:41:
Years were 1990, going back 1988 ... DHCR got that right in granting Order Finding Rent Overcharges [incl 3x damages for previous 2 years], what they got WRONG in granting LL's PAR was that they cited RRRA/93 statute as determinative in revoking overcharges, AND setting the rent at the higher figure, LL indicated in his so-called "amended registrations".
The rents had been registered in a consistent pattern @ $423.15 level in 1988 - what the LL did not do was ever register me as the current tenant or did he register the actual rent amounts paid - more than double.
In the PAR, Commissioner accepted those "amended registrations" as "late registrations", when the Annual Apt. Registrations had already been filed.
What recourse do I have in Housing Court, since I have withheld the rent to challenge LL to legally prove he's entitled to collect rent figure resulting from revocation of overcharges, plus allowable RGBO increases?
This is the same tenant that LL's attorney told to drop dead after last Housing Court appearance ...
Can I ask that this attorney be disallowed from my case?
: 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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