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Treble Damages

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

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Treble Damages

Postby lydiaseymour2002 » Sat Apr 27, 2002 1:18 pm

I just filed a rent overcharge form with the DHCR. I also want to collect treble damages, is there anything special I need to do to collect the treble damages as well or will the DHCR take care of all that? Do I have to file a separate lawsuit for the treble, I have a clear cut case, the landlord has overcharged tenants in the past so I have no difficulty proving that the landlord willfully overcharged me.

What do people on this forum recommend, trust DHCR or retain a lawyer?

Thanks,
Lydia
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Re: Treble Damages

Postby Cranky Tenant » Sat Apr 27, 2002 6:48 pm

I have a lease renewal violations/overcharge complaint that's nearly two years old so I wouldn't worry about getting a lawyer immediately.

DHCR will contact your LL at some point and ask him to respond to your complaint. You'll receive a copy of his response and DHCR may ask you for further documentation. Eventually they'll make a decision and if DHCR finds the LL has willfully overcharged you, he'll be expected to refund any overcharges two years prior to the complaint.

DHCR Fact Sheet

You might be able to sue him directly for the overcharge, but a DHCR decision would substantially strengthen a civil case.
I'm a cranky tenant NOT a cranky lawyer.
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Re: Treble Damages

Postby Phil Cohen » Mon Apr 29, 2002 1:54 pm

A recent article was posted on Tenant.net concerning rent overcharges.
Please note that DHCR is NOT repeat NOT the forum of choice. It is slow and anti-tenant. You may do a lot better hiring a lawyer.

Originally posted by Cranky Tenant:
I have a lease renewal violations/overcharge complaint that's nearly two years old so I wouldn't worry about getting a lawyer immediately.

DHCR will contact your LL at some point and ask him to respond to your complaint. You'll receive a copy of his response and DHCR may ask you for further documentation. Eventually they'll make a decision and if DHCR finds the LL has willfully overcharged you, he'll be expected to refund any overcharges two years prior to the complaint.

DHCR Fact Sheet

You might be able to sue him directly for the overcharge, but a DHCR decision would substantially strengthen a civil case.
Keep in mind that I am a tenant. Not a lawyer!!!!!
Phil Cohen
 
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