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Posted by Kate on April 22, 2000 at 18:27:30:

In Reply to: Where a tenant should file a rent overcharge complaint in New York City -- never at DHCR! posted by nyhawk on April 10, 2000 at 06:27:02:

I tried to respond to this before, but it seems like it didn't "take" -- my apologies if this question shows up twice.

We filed an overcharge complaint with the DHCR ~10 months ago (unfortunately, long before I discovered this forum). Though we think we have a very good case, the DHCR disagrees and just dismissed it. We are going to look into filing a PAR and getting a lawyer (not necessarily in that order).

Here's the question: at this point, is there any way we can terminate our dealings with DHCR and take our case to court? From what I've read here, it seems ill-advised inasmuch as other courts don't want to take over jurisdiction of a DHCR case -- am I reading this correctly? We did not have a lawyer for our first round, but I think the documentation we entered in our complaint was fairly compelling (though I'm sure a good L-T lawyer would have improved it significantly).

In other words, would it be a mistake now to withhold rent and wait for the landlord to file suit so that we can countersue? Or to get a lawyer and take it to court ourselves?

Sorry if this has been answered somewhere already -- I saw some relevant info but wasn't quite clear.

Thanks in advance.

Follow Ups:

• Re: Where a tenant should file a rent overcharge complaint in New York City -- never at DHCR! Jane 04/23/00 (0)

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Comments:
: I tried to respond to this before, but it seems like it didn't "take" -- my apologies if this question shows up twice.

: We filed an overcharge complaint with the DHCR ~10 months ago (unfortunately, long before I discovered this forum). Though we think we have a very good case, the DHCR disagrees and just dismissed it.  We are going to look into filing a PAR and getting a lawyer (not necessarily in that order).

: Here's the question: at this point, is there any way we can terminate our dealings with DHCR and take our case to court?  From what I've read here, it seems ill-advised inasmuch as other courts don't want to take over jurisdiction of a DHCR case -- am I reading this correctly?  We did not have a lawyer for our first round, but I think the documentation we entered in our complaint was fairly compelling (though I'm sure a good L-T lawyer would have improved it significantly). 

: In other words, would it be a mistake now to withhold rent and wait for the landlord to file suit so that we can countersue? Or to get a lawyer and take it to court ourselves?

: Sorry if this has been answered somewhere already -- I saw some relevant info but wasn't quite clear.

: Thanks in advance.


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