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Lost my DHCR case -- help!!!

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

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Lost my DHCR case -- help!!!

Postby Cathy Lambert » Wed Mar 13, 2002 12:52 am

I just lost my DHCR case--reduction in services, rent stabilized apartment. Rent was lowered, but is restored retroactive to last July. I am going to appeal by filing a PAR.
Does the filing of the PAR stay the whole shebang--I keep paying the lower rent? Or do I pay the higher rent and the retroactive portion is stayed (as it was when the rent reduction was ordered years ago, and the landlord filed a PAR).
I am not sure. I looked up the Rent Stabilization Code on this website and it doesn't help. Neither do the fact sheets, advisory opinions, etc. on the DHCR website.
Does anybody have a clue? I need to know by the end of the month.
Cathy Lambert
 
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Re: Lost my DHCR case -- help!!!

Postby lappert » Wed Mar 13, 2002 2:30 am

The answer is in the Rent Stab Code (on TenantNet). The filing of a PAR stays the retroactive payment but not the prospective portion. So the rent goes back up immediately -- on thge ISSUE DATE of the order, but the retroactive portion, calculated by the EFFECTIVE DATE of the order, does not have to be paid at this time depending on the outcome of the PAR.
lappert
 
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Location: New York City

Re: Lost my DHCR case -- help!!!

Postby Cathy Lambert » Wed Mar 13, 2002 9:58 am

Fred,
Thanks for the tip. As suggested I took a look at the Rent Stabilization Code, and found the following re PARs which I am pasting at the bottom of this message.
The sections cited here (25.23) don't appear to apply to my situation (restoration of a rent reduction for service decrease). So this seems to mean that the entire order is stayed--both the rent restoration and the retroactive increase. Am I misreading this section? Are there any another part of the RSC that I may have missed? Help!
This is an important question, as a lot of money is involved and I don't want to get into a beef with the LL over this! The PAR itself is going to be enough of a headache.
Cathy
(excerpt from RSC copied below)
2529.12 Stays

The filing of a PAR against an order, other than an order adjusting, fixing or establishing the legal regulated rent, shall stay such order until the final determination of the PAR by the commissioner. Notwithstanding the above, that portion of an order fixing a penalty pursuant to section 2526.1(a) of this Title, that portion of an order resulting in a retroactive rent abatement pursuant to section 2523.4 of this Title, that portion of an order resulting in a retroactive rent decrease pursuant to section 2522.3 of this Title, and that portion of an order resulting in a retroactive rent increase pursuant to section 2522.4(a)(2), (3), (b) and (c) of this Title, shall also be stayed by the timely filing of a PAR against such orders until 60 days have elapsed after the determination of the PAR by the commissioner. However, an order granting a rent adjustment pursuant to section 2522.4(a)(2) of this Title, against which there is no PAR filed by a tenant that is pending, shall not be stayed. Nothing herein contained shall limit the commissioner from granting or vacating a stay under appropriate circumstances, on such terms and conditions as the commissioner may deem appropriate
Cathy Lambert
 
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Joined: Tue Mar 12, 2002 2:01 am


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