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Posted by TenantNet on October 05, 1997 at 11:17:45:

In Reply to: Evidence posted by Skye L. on October 04, 1997 at 21:03:57:

: After learning that my landlord illegally incraesed my rent on several occasions, I stopped paying rent.
: I live in a rent-stablized room in a residential hotel in nyc.
: Several years ago, my rent was increased by 15%!!!

Increases for rent stab hotel tenants are determined by the RGB and the
hotel RGB orders (different from the normal apt guidelines) are
available on TenantNet (in acrobat form)

: Now: my landlord is suing me for non-payment.

Obviously, if you stop paying rent, but the courts have concurrent
jurisdiction with DHCR on overcharges, which would be your defense.

: He claims that he has no records for the year during the huge rent
hike ("someone broke into his office and stole the records" he says.

That's his problem. If he waited too long to sue you, you should
bring up "laches" or stale rent.

: Problem: I have no receipts for that year; I disposed of the cancelled rent checks.

Then how can you prove you paid an overcharge? The initial burden falls on you.

: I do have a printout from the NY State Div. of Housing and ... which
shows the rent history of my, including the illegal rent increases.

That's what the owner registered -- not necessarily the "legal" rent.
But if he didn't sue you at that time and now he's only suing for
rent you're currently withholding, there should be a presumption that
you paid what he registered.

: Question: can this be considered evidence that I paid the amount indicated on that record.

It's not evidence, but it goes to the overall claim.

: I am in the process of getting my old bank records.

Best to get those.

: Thanks in advance for any help ...

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Comments:
: : After learning that my landlord illegally incraesed my rent on several occasions, I stopped paying rent.
: : I live in a rent-stablized room in a residential hotel in nyc.
: : Several years ago, my rent was increased by 15%!!!

: Increases for rent stab hotel tenants are determined by the RGB and the
: hotel RGB orders (different from the normal apt guidelines) are
: available on TenantNet (in acrobat form)

: : Now: my landlord is suing me for non-payment.

: Obviously, if you stop paying rent, but the courts have concurrent
: jurisdiction with DHCR on overcharges, which would be your defense.

: : He claims that he has no records for the year during the huge rent 
: hike ("someone broke into his office and stole the records" he says.

: That's his problem. If he waited too long to sue you, you should
: bring up "laches" or stale rent.

: : Problem: I have no receipts for that year; I disposed of the cancelled rent checks.

: Then how can you prove you paid an overcharge? The initial burden falls on you.

: : I do have a printout from the NY State Div. of Housing and ... which 
: shows the rent history of my, including the illegal rent increases.

: That's what the owner registered -- not necessarily the "legal" rent.
: But if he didn't sue you at that time and now he's only suing for
: rent you're currently withholding, there should be a presumption that
: you paid what he registered.

: : Question: can this be considered evidence that I paid the amount indicated on that record.

: It's not evidence, but it goes to the overall claim.

: : I am in the process of getting my old bank records.

: Best to get those.

: : Thanks in advance for any help ...


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