Posted by katrina Ferguson on August 10, 2000 at 11:58:05:
The Order issued by the DHCR in my favor (I am the tenant in a Fair Market Rent Appeal) was upheld in the Supreme Court Civil Division after my landlord filed an Article 78. Neither the DHCR's order or the Supreme Court's order say anything about collecting interest on a Fair Market Rent Appeal. My landlord has owed me this money since 1994 when the DHCR first ruled in my case, but the landlord has tied things up in appeals since then. Yes, my rent has been reduced as ordered by the DHCR, but the money is still owed that we overpaid. My landlord has now filed an appeal in the Supreme Court to overturn the Judge's decision, but has told me that he is willing to settle out of court. i do not want to settle for the principle if I am entitled to interest.
This is not a Rent Overcharge case, they are entitled to interest. The DHCR advised me to enter the Fair Market Rent Appeal order as a judgement in the Supreme Court but when I went to the court they told me I could not do that. The DHCR has told me that I am entitled to interest, but no-one seems to be able to help me to get it.
Has anyone had experience or success with this? I am representing myself in this matter.
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