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Posted by Benny on December 24, 2000 at 16:52:59:

In Reply to: Re: new rules--effect on pending DHCR actions posted by Jane on December 23, 2000 at 15:42:36:

The rules were actually interpreted by whoever puts out the tenant.net mailing list.
As for my case--the LL has already done a PAR and failed, and is now dragging his feet about restoring services. My concern is that I could claim noncompliance and the LL could say--too bad, de minimus.

: : I read the new rules on the DHCR website, and the tenant.net interpretation of them, and one thing remains unclear--what effect, if any, will this have on tenants who have pending DHCR cases?
: : I have a pending DHCR rent-reduction case. The DHCR has ordered my services restored. Could the landlord now claim they are "deminimus"?

: The rule of law is that new laws are not retroactive unless it says so in the new law.

: Of course, these are new administrative rules, not new laws, but the same should apply.

: Since DHCR already issued an order in your case, they can't take it back. However, if the landlord fails to comply, or files a PAR, DHCR could use the new rules.

: ps: where did you read the Tenant Net interpretation? please post URL for us. thanks.

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• Re: new rules--effect on pending DHCR actions   12/24/00 (0)

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Comments:
: The rules were actually interpreted by whoever puts out the tenant.net mailing list. 
: As for my case--the LL has already done a PAR and failed, and is now dragging his feet about restoring services. My concern is that I could claim noncompliance and the LL could say--too bad, de minimus.

: 
: : : I read the new rules on the DHCR website, and the tenant.net interpretation of them, and one thing remains unclear--what effect, if any, will this have on tenants who have pending DHCR cases?
: : : I have a pending DHCR rent-reduction case. The DHCR has ordered my services restored. Could the landlord now claim they are "deminimus"?

: : The rule of law is that new laws are not retroactive unless it says so in the new law.

: : Of course, these are new administrative rules, not new laws, but the same should apply.

: : Since DHCR already issued an order in your case, they can't take it back.  However, if the landlord fails to comply, or files a PAR, DHCR could use the new rules.

: : ps: where did you read the Tenant Net interpretation? please post URL for us.  thanks.


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