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Posted by louis on July 27, 2000 at 15:50:31:

In Reply to: Probably illegal destabalization--alternatives to lawyers? posted by Stacy on July 27, 2000 at 13:34:22:

I don't suggest going to court without a lawyer. Doesn't your lease have an attorney's fee clause? And wouldnt that attorneys fee clause entitle you to attorney fees if you win--and work against you if you lose?

If my choice was DHCR or going to court without a lawyer, I'd choose the DHCR, but it is a poor choice. Mind you, I just won a reduction of services PAR, without a laywer for most of the time.

People have had horrific experiences with the DHCR, myself included. But if you have a clear-cut case, I think it is worse than paying zillions to a lawyer. Besides, if the DHCR rules against you and is clearly wrong, you can appeal it in court.
The problem is that the whole process takes a zillion years.
So the choice is going to court, paying a lawyer, and getting a quick (and not necessarily favorable!) ruling, going to court without a lawyer and getting treated badly, or going to the DHCR and getting glacial pro-landlord treatment.

One advantage of the DHCR--a court case, I understand, might put you on the landlord "blacklist," while DHCR cases dont, because the names of the tenant are not on the decisions, at least of the PARs.

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Comments:
: I don't suggest going to court without a lawyer. Doesn't your lease have an attorney's fee clause? And wouldnt that attorneys fee clause entitle you to attorney fees if you win--and work against you if you lose?

: If my choice was DHCR or going to court without a lawyer, I'd choose the DHCR, but it is a poor choice. Mind you, I just won a reduction of services PAR, without a laywer for most of the time.

: People have had horrific experiences with the DHCR, myself included. But if you have a clear-cut case, I think it is worse than paying zillions to a lawyer. Besides, if the DHCR rules against you and is clearly wrong, you can appeal it in court.
: The problem is that the whole process takes a zillion years. 
: So the choice is going to court, paying a lawyer, and getting a quick (and not necessarily favorable!) ruling, going to court without a lawyer and getting treated badly, or going to the DHCR and getting glacial pro-landlord treatment.

: One advantage of the DHCR--a court case, I understand, might put you on the landlord "blacklist," while DHCR cases dont, because the names of the tenant are not on the decisions, at least of the PARs. 


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