Posted by JJ on December 08, 2001 at 23:15:36:
In Reply to: Yikes, wrong advice from Tenant.Net!! posted by nyhawk on December 07, 2001 at 06:07:58:
Or, if ya wanna get sophisticated, you can start a rent overcharge in Civil or Supreme and THEN stop paying rent. The landlord will bring a non-pay in Housing Court and try and combine the two cases, but appellate authority bars a court from ordering any rent deposit during a case started in Civil or Supreme if the allegation of rent overcharge is viable....so, the landlord, stuck in two lawsuits and not getting any rent, will have a strong incentive to settle quickly with the tenant.
post case please: "overcharge stops RPAPL745 deposit?"
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