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Posted by kristin on July 19, 2000 at 12:31:54:

In Reply to: Re: Please help (victory? now what? post) posted by louis on July 19, 2000 at 00:08:36:

i have been told that whatever d.h.c.r.'s last order was, is what is deemed legal. so, you are the victor and it is the landlord who is in the wrong until he proves other wise.
i have a p.a.r. pending. it was opened in april. how long did yours take? my whole building is on the docket and we're currently on rent strike and everything's a mess. we were hoping someone could give us a timeframe. thanks.

: : 1) What does the PAR order state at the end of the order. It should say how to collect. I believe that you may deduct money off the rent immediatley as the Par was in your favor, however you can't get a lump sum payment until the you know whether or not the owner filed a Article 78 as you must enter the order as a judgement against the owner in court.

: The PAR says nothing on that. My question is quite simple--if the landlord appeals in an Art. 78, can I still withhold from the rent? Or is that automatically stayed pending conclusion of the court proceedings? That's what I'm trying to figure out here.

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• Re: Please help (victory? now what? post) louis 07/19/00 (0)

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Comments:
: i have been told that whatever d.h.c.r.'s last order was, is what is deemed legal.  so, you are the victor and it is the landlord who is in the wrong until he proves other wise.  
: i have a p.a.r. pending.  it was opened in april.  how long did yours take?  my whole building is on the docket and we're currently on rent strike and everything's a mess.  we were hoping someone could give us a timeframe.  thanks.


: 
: : : 1)  What does the PAR order state at the end of the order.  It should say how to collect.  I believe that you may deduct money off the rent immediatley as the Par was in your favor, however you can't get a lump sum payment until the you know whether or not the owner filed a Article 78 as you must enter the order as a judgement against the owner in court.  

: : The PAR says nothing on that. My question is quite simple--if the landlord appeals in an Art. 78, can I still withhold from the rent? Or is that automatically stayed pending conclusion of the court proceedings? That's what I'm trying to figure out here. 


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