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Help--eviction based on 10-yr. old rent increase request

Posted by Zach on January 27, 2001 at 09:50:53:

My mother's landlord is trying to evict in a rent-controlled unit in East Chester where she's been living for over 30 years. Her late husband, who recently died, filed an appeal of a rent increase request 10 years ago. The Housing Authority limited the increase and the appeal took 5 years. Her husband filed another appeal and that took another 5 years for the housing commissioner to decide. Her husband died, and she (who is 71)let the 60-day time to appeal (via an Art. 78 proceeding) lapse. Now the landlord (anxious to get her out) has calculated back rent for the past 10-years plus either interest or some other increases and has demanded over $30,000 immediately and brought an eviction proceeding. We have a lawyer who is getting an adjournment but am wondering if anyone has ever seen a situation like this, where the housing authority took 10 years total to make a decision and the landlord retroactively applies it, giving the tenant little time to come up with a lot of cash.

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