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LL not cashing checks

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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LL not cashing checks

Postby dzdz » Mon Feb 27, 2023 6:53 pm

I have a pending overcharge complaint with the DHCR. The complaint has been bouncing around the DHCR and other places for a number of years now and I'd possibly nearing a final order.

In the meantime, my LL has not cashed my last three rent checks (Dec 2022, Jan 2023 and Feb 2023). I assume this is a standard ploy to try to establish grounds for eviction. Other than writing a certified mail letter with return receipt stating the facts and asking LL why he is not cashing the checks, what should I do? I entered my LL's # in Zelle and found that he is a registered user. Is it lawful to switch to electronic payments without asking his permission? This would.solve the problem of needing to keep track of the payments he isn't cashing. I don't want to bounce any checks.
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Re: LL not cashing checks

Postby TenantNet » Mon Feb 27, 2023 7:27 pm

Is he just not cashing the checks and holding onto them, or is he returning them to you? And if so. does he provide an explanation or an excuse?

Did you send the checks by certified mail RRR, by Certificate of Mailing or by just regular mail? On the checks, did you earmark them on the memo field, i.e., state "for rent for February 2023 and for no other months"?

Send by certified mail or certificate of mailing. Get receipts from the USPS. Take photos of the envelope with the certified or certificate applied. In my experience, the USPS clerks will allow you to take photos - it helps to explain the LL is not cashing and this is needed for proof. Scan or take photos of each check.

I always send by Certificate of Mailing. It's much cheaper than certified and shows it was mailed. OTOH, Certified Mail RRR is supposed to show who received it, but the P.O. carriers don't bother any more; they just dump them, and if they do get a signature, it's not legible.

We caught one USPS carrier dumping Cert Mail in the lobby (not even in the mailboxes) and also parcels of people's medicine. On complaint to the Main P.O. on 33rd St. (don't bother with your local P.O.) they said they left the medicine with the building's doorman, to which we countered that the building has no doorman. You must hold them accountable.

And if you aren't earmarking, start now.

I haven't tried Zelle yet, but I have heard there are problems with security. I know some banks, if you send payment by ACH, they might not have a memo field. This is critical.

I don't think your checks would bounce if you have money in the account.

It might help to establish your credibility by sending a letter to the LL by CM or CoM. Do it in the same envelope and save $6. I would also send a letter to DHCR as the LL might be telling DHCR that you haven't paid rent and therefore that might reduce any overcharge obligation. Send all the proof to DHCR, explain what is happening.

If he sues you, your defense would be that the checks were "tendered and refused." As long as you have proof, you should be OK. I had overwhelming proof in a recent case, so much so that the LL dropped the case.
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Re: LL not cashing checks

Postby dzdz » Wed Mar 01, 2023 2:49 am

LL is not cashing the checks, but not returning them

He has a locked box in the building vestibule and this is where he has asked tenants to deposit the checks

Since filing the overcharge complaint I have always put my address and month in the memo field of my rent checks. There is a memo field In Zelle

I will start documenting the rent payments thoroughly and agree I should send a letter to the DHCR with reference to my complaint documenting the issue

As you say, perhaps he is trying to reduce his financial obligation, especially in regards to treble damages if that's what ends up being due. As he has invented many stories about me in correspondence with the DHCR I can't rule out that he is playing games either.
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Re: LL not cashing checks

Postby TenantNet » Wed Mar 01, 2023 5:50 am

Is there a written explanation why he is returning them? How is he returning them? By mail or otherwise? If by mail, then keep envelopes that have postmark dates on them. I would bypass the box and mail by cert or certificate of mailing where you can get proof.

Aside from the pending DHCR complaint, is there any dispute over the legal rent? Address and month in the memo field is insufficient. Do the checks have your pre-printed name/address on them? What you need to have there is a direction that the payment is to be applied to the stated month, and for no other months. I say "Rent for March 2023 and for no other months." If a money order, you need to write that in as well as your name and address. If there's a stub, write all it it on the stub. Make copies of it all and keep all of them.

I don't know enough about Zelle to comment. And I haven't seen any LL/T cases involving Zelle.
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