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Posted by chelsea on July 25, 2001 at 08:37:31:

In Reply to: Re: Preferential vs. legal rent -- after that appellate decision posted by New York Tenant on July 25, 2001 at 07:52:15:

Well, that's a pretty good argument to go to DHCR rather than the court. But what about not signing the offered lease within the designated time? Couldn't that leave the tenant out on a limb, win or lose? DHCR always seems to say sign the lease, and contest later, and get your overcharge if you win. I still think it would be a good idea for the tenant to get at least a consultation with a tenant lawyer, even if he or she decides to go to DHCR.

My question about jurisdiction was whether the Bronx housing court case after the appellate term ruling had any significance for Manhattan, not the appellate term's ruling.

Chelsea

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: In the Missionary Sisters case, DHCR took the position that the preferential rent should be continued. In reading the decision of the Appellate Division, First Department, it looks like DHCR vigorously defended its position, and I would expect DHCR to continue to defend its position if the case goes to the Court of Appeals.

: The Missionary Sisters case applies only in Manhattan and the Bronx. If I were a tenant in any borough, I would refuse to sign a renewal lease based on the legal maximum rent, and would file a complaint with DHCR.
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Follow Ups:

• Re: DHCR on preferential rents New York Tenant 07/25/01 (1)
  • What the DHCR says on this callie 07/25/01 (0)

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Comments:
: Well, that's a pretty good argument to go to DHCR rather than the court.  But what about not signing the offered lease within the designated time?  Couldn't that leave the tenant out on a limb, win or lose?  DHCR always seems to say sign the lease, and contest later, and get your overcharge if you win.  I still think it would be a good idea for the tenant to get at least a consultation with a tenant lawyer, even if he or she decides to go to DHCR.

: My question about jurisdiction was whether the Bronx housing court case after the appellate term ruling had any significance for Manhattan, not the appellate term's ruling.

: 
: Chelsea

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: 
: : In the Missionary Sisters case, DHCR took the position that the preferential rent should be continued.  In reading the decision of the Appellate Division, First Department, it looks like DHCR vigorously defended its position, and I would expect DHCR to continue to defend its position if the case goes to the Court of Appeals.  

: : The Missionary Sisters case applies only in Manhattan and the Bronx.  If I were a tenant in any borough, I would refuse to sign a renewal lease based on the legal maximum rent, and would file a complaint with DHCR.  
: :  


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