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Administrative Determination vs Rent Overcharge

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

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Administrative Determination vs Rent Overcharge

Postby flybyme03 » Sat Jul 27, 2019 11:50 am

I recently won my Administrative Determination case after 3 years, with a rent order "to be offered a rent-stabilized lease on the conclusion of my current lease, for the reduced amount, and for overcharges to be refunded for 4 years prior to filing date (2012)". I have proven fraud under the conditions of Grimm v DHCR.

My landlord filed a PAR. Now he has not given me a lease renewal and is not accepting my rent payments for the first time in 13 years. I am still sending in rent for the ordered amount by certified mail and will start sending bank drafts (like a cashier's check by a bank, but they hold your funds until the check is used).

I am wondering if I need to file a separate overcharge case to cover the overcharges. The Administrative Determination case did not mention treble damages or the exact amount of overcharges, just the order with a spreadsheet showing what the rent should have been. I am concerned if my landlord is not collecting my rent now, he is trying to avoid the treble damages if he loses the case. I foresee him filing an article 78, which will delay this case futher, which I'm not sure would wipe out any possibility of treble damages since he is not taking current rent as this appeal is being processed.

I have posted on my case before, but not this particular aspect and could use some advice. The person i've been dealing with in a local tenants organization is out injured and unavailable for guidance.
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Re: Administrative Determination vs Rent Overcharge

Postby TenantNet » Sat Jul 27, 2019 12:09 pm

If you posted on this before, you should add this to the previous thread. Why force us to ask questions that you've already asked and we've already answered?

Also see the forum's rules on this.
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Re: Administrative Determination vs Rent Overcharge

Postby flybyme03 » Sat Jul 27, 2019 12:19 pm

I havent asked this quesiton before. I just posted other questions as i was going through the case that were different. I thought maybe this as a separate topic was useful but I will post it under the previous thread
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