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

Posted by chelsea on May 03, 2001 at 18:20:11:

In Reply to: Holdover, overcharge, DHCR... I have a lawyer posted by nyc_girl on May 03, 2001 at 17:39:25:

Yeah, DHCR registrations do get screwed up, by both DHCR and the landlord, deliberately or not. Did you get a complete rent history from DHCR? If you don't ask specifically, they just give you the last four years.

Do you have reason to believe it really was $500? Were the rents before that under $500? If it's a question of a missing digit, you may not get very far. But it seems you should be able to see proof that $1,500 was the actual rent within four years.

If it's within the four years of your initial complaint, you should also be able to question service of the initial registration. Did the landlord show proof of proper service? The previous tenant didn't have to sign any form, just receive a copy by certified mail that gave her a chance to challenge it.

Even if $1,500 was a legal rent, it seems you should be able to challenge the increase from $1,500 to more than $2,000, and the resulting exemption from rent stabilization. Did they do a lot of renovations to your apartment itself just before you moved in?

Keep pursuing it; sounds as if you have a shot. Hope that lawyer is an experienced tenant lawyer.

: 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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