Posted by me on September 02, 2001 at 19:33:08:
In Reply to: DHCR Rent Reductions (Failure to Maintain Service): How Long Are They In Effect For? posted by Al on September 02, 2001 at 16:31:17:
My first impulse was to say "file a rent overcharge complaint with the DHCR." But I hesitate. There could be tons of money involved here. You (or your father?) may be entitled to treble damages. The DHCR may be the wrong forum. I think the issues are too complex to be dealt with here, too much is at stake, and you need a landlord-tenant lawyer to at least advise you on what to do.
If the right remedy is a DHCR complaint, I think you could handle it yourself. But you may have to file suit--maybe even in State Supreme Court, which would require a lawyer. But if there is a lot of money involved, it may be worth it.
I would not withhold rent without obtaining legal advice.
Incidentally, you say "you" obtained the reduction for your father. Your father,of course, is the aggrieved party. I assume you handled the paperwork on behalf of your father.
Lastly, you've put in enough details to precisely identify who you are to the landlord or his lawyer if either happens to be following this board. Do NOT post further as to what you may do, as that risks tipping them off.
: I obtained a DHCR rent reduction for my father's apartment (rent control) in 1987, in the amount of $44.00 per month for failure to maintain service:
: 1) No painting in apartment in 14 years
: 2) Defective windows
: 3) Defective front door
: 4) defective faucets
: 5) Peeling paint and plaster
: My father never took off the $44.00 a month in rent, out of fear from the landlord. The order was NEVER revoked and never cancelled, I obtained certified copies from DHCR.
: Can we still withhold payment? Can we pre date to 1987 and withhold that amount from the rent (over $7,000)? No services were ever fixed.
: Thank you.
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