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Holdover, overcharge, DHCR... I have a lawyer

Posted by nyc_girl on May 03, 2001 at 17:39:25:

My oh my, what a mess these things turn into. I do have a lawyer who I like and trust but would still like your input. I moved into an apartment with a 1 yr lease over $2000. The landlord bought the bldg a few years ago and is renovating apartments one by one. Of course this means I hear construction every day including nights and weekends.

Anyway, I was getting mad and found, called the DHCR and got the rental history. It showed the initial stabilized rent at $500 in 6/97 then the next year at $1500 and mine was not filed (this was 6 months after I moved in - I moved in 2/00).

Went through the whole DHCR process and was denied. The lanlord submitted a form showing the initial rent filed was $1500 signed by the previous tenant and never was contested. I called her and she said she never signed a form like that. When the DHCR denial came back it said that the period under investigation was 4/97-11/00 but only showed the rental history from 6/98 which was when the $1500 started.

Maybe I'm fishing or grasping at straws but is it common for the rental history to entered incorrectly at the DHCR?

Also the landlord filed a holdover because he didn't renew my lease even though it's written in that I get to renew for one year. I have been paying the last rent stabilized rent on file fsine 8/00 and he's been cashing the checks. He never filed any kind of non-payment or default things, just went straight to holdover proceedings. I live in NYC, in a 35 unit bldg. Appreciate your help and hope this doesn't turn into a 'richard' war of words. Sorry for the long posting.

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