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Posted by Theresa on May 01, 1998 at 20:11:37:

I moved into my apartment in 1990. I was the first rent stabilized tenant. The previous tenant was rent controlled. No work was put into the apartment so that the landlord could get me in as quickly as possible so he could quickly start collecting rent. I always thought that I was being overcharged. No RR-1 form was ever sent to me. In 1996 I sent him a certified letter telling him that I thought I was being overcharged and he should send me proof that a RR-1 form was sent to me. He never responded so I immediatley filed a complaint with the DHCR. Since he had never filed this form, he filed it with the DHCR one year later (seven years late) proving he had originally never done so. As I suspected, the previous rent controlled tenant was paying hundreds of dollars less than I was. According to the 1990 fair market guidelines, I am be overcharged hundreds of dollars.

If anyone knows the answers to the following questions, it would be highly appreciated:

1) Does the new four year rule have any bearing on my pending DHCR case? If I was overcharged, how many years is the landlord responsible for?

2) Shouldn't the DHCR immediately have frozen my rent to what it originally should have been until this situation is resolved?

3) Can the landlord be responsible for treble damages?

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: I moved into my apartment in 1990. I was the first rent stabilized tenant. The previous tenant was rent controlled. No work was put into the apartment so that the landlord could get me in as quickly as possible so he could quickly start collecting rent.  I always thought that I was being overcharged.  No RR-1 form was ever sent to me. In 1996 I sent him a certified letter telling him that I thought I was being overcharged and he should send me proof that a RR-1 form was sent to me. He never responded so I immediatley filed a complaint with the DHCR. Since he had never filed this form, he filed it with the DHCR one year later (seven years late) proving he had originally never done so. As I suspected, the previous rent controlled tenant was paying hundreds of dollars less than I was.  According to the 1990 fair market guidelines, I am be overcharged hundreds of dollars.

: If anyone knows the answers to the following questions, it would be highly appreciated:

: 1) Does the new four year rule have any bearing on my pending DHCR case?  If I was overcharged, how many years is the landlord responsible for?

: 2) Shouldn't the DHCR immediately have frozen my rent to what it originally should have been until this situation is resolved?

: 3) Can the landlord be responsible for treble damages?


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