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Posted by chelsea on August 11, 2001 at 19:01:07:

In Reply to: Re: REALLY FRUSTRATED – Clearing up facts posted by yudesca on August 11, 2001 at 16:51:51:

1. I believe that even the recent Missionary Sisters ruling held there should be a reason and time limit for preferential rent. Was a reason given? If not, you should state this in your overcharge complaint.

2. Did any of the previous tenants within four years receive a preferential rent? I haven't seen this litigated, but the definition of preferential rent in the newly amended RSC seems to suggest that the rent history of a tenant with a preferential rent can be examined up to four years before that tenant's vacancy, not the current tenant's complaint. May not help you, but interesting.

3. There's no obligation for you to discuss your overcharge complaint with your managing agent or landlord, regardless of what it says on the DHCR form. You can just cross it out. Don't waste time and money on that, especially if you're nearing a crucial date because of the four-year rule. Don't inadvertently give them any ammunition to use against you.

Follow Ups:

• Re: CLAUSE ADDED - DETAILED YUDESCA 08/12/01 (9)
  • clause is good news for you chelsea 08/12/01 (3)
    • Re:J5I - comments from DHCR counselor yudesca 08/12/01 (2)
      • DHCR counselors can be morons me 08/25/01 (0)
      • Re:J5I - comments from DHCR counselor chelsea 08/12/01 (0)
  • Re: CLAUSE ADDED - DETAILED Lilly 08/12/01 (4)
    • INSTINCTS NEVER FAIL.................................................... yudesca 08/12/01 (3)
      • Don't forget: TREBLE DAMAGES me 08/12/01 (2)
        • Re: Don't forget: TREBLE DAMAGES yudesca 08/13/01 (1)
          • Re: Don't forget: TREBLE DAMAGES me 08/13/01 (0)

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Comments:
: 1.   I believe that even the recent Missionary Sisters ruling held there should be a reason and time limit for preferential rent.  Was a reason given?  If not, you should state this in your overcharge complaint.

: 2.   Did any of the previous tenants within four years receive a preferential rent?  I haven't seen this litigated, but the definition of preferential rent in the newly amended RSC seems to suggest that the rent history of a tenant with a preferential rent can be examined up to four years before that tenant's vacancy, not the current tenant's complaint.  May not help you, but interesting.

: 3.   There's no obligation for you to discuss your overcharge complaint with your managing agent or landlord, regardless of what it says on the DHCR form.  You can just cross it out.  Don't waste time and money on that, especially if you're nearing a crucial date because of the four-year rule.  Don't inadvertently give them any ammunition to use against you.


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