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Posted by brenda on July 19, 2000 at 16:12:26:

In Reply to: Re: Victory! Now what? posted by EGH on July 19, 2000 at 14:16:09:

: I told the tenant to withhold rent to recoup the overcharge.
: This is not telling him to get lost.

: Yes, if the landlord does begin an article 78 proceeding
: (which we are told has not happened yet, and may not
: happen at all), it would be against DHCR, not against the
: the tenant. However, the tenant may have a substantial
: interest in the case. Article 78 proceedings are not
: generally a pro se affair. If the landlord starts an
: article 78 proceeding, the tenant should consult an attorney
: to see what, if anything, should be done. This is better than
: discovering in a couple years that the landlord has won the
: case and that he (the tenant) owes the landlord a substantial
: sum of money.

But you're answering a question he didn't ask. He didn't ask what he should do if the landlord files an Art. 78.

He asked if the filing of an Art. 78 automatically stays collection of the retroactive portion of the rent decrease. Think about it. If it does, he has to wait 60 days to see if they file an Art. 78. If it doesnt, he can start collection right away.

Telling him to "talk to a lawyer" and not answering his question is the same as telling him to get lost.

Follow Ups:

• Re: Victory! Now what? EGH 07/19/00 (1)
  • Re: Victory! Now what? louis 07/21/00 (0)

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Comments:
: : I told the tenant to withhold rent to recoup the overcharge.
: : This is not telling him to get lost.  

: : Yes, if the landlord does begin an article 78 proceeding 
: : (which we are told has not happened yet, and may not 
: : happen at all), it would be against DHCR, not against the
: : the tenant.  However, the tenant may have a substantial
: : interest in the case.  Article 78 proceedings are not
: : generally a pro se affair.  If the landlord starts an
: : article 78 proceeding, the tenant should consult an attorney
: : to see what, if anything, should be done.  This is better than
: : discovering in a couple years that the landlord has won the 
: : case and that he (the tenant) owes the landlord a substantial
: : sum of money.

: But you're answering a question he didn't ask. He didn't ask what he should do if the landlord files an Art. 78.

: He asked if the filing of an Art. 78 automatically stays collection of the retroactive portion of the rent decrease. Think about it. If it does, he has to wait 60 days to see if they file an Art. 78. If it doesnt, he can start collection right away.

:  Telling him to "talk to a lawyer" and not answering his question is the same as telling him to get lost. 


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