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Posted by TenantNet on May 09, 1998 at 09:22:56:

In Reply to: Rockaway Tenants in trouble posted by Mary Monaghan on April 22, 1998 at 12:52:03:

: In June 1996 the members of The Surfside Housing Assoc.for Tenants (S.H.A.F.T.) were granted a Rent Reduction by the D.H.C.R. for loss of services. It was retroactive to March 1995. The landlord promptly submitted an appeal for reversal of the order which was subsequently denied by the DHCR. For almost two years our tenants have been paying a reduced rent ranging anywhere from $40 - $90 per month and were told by the DHCR that we could expect the retroactive monies to be forthcoming.
: Our landlord has filed an Article 78 claiming that the rent reduction should not have been approved in the first place. While waiting for that case to come to court (April 28) our landlord was able to get a State Supreme Court judge to rule that the tenants have to pay all the monies they received from the Rent Reduction into an Escrow account held by the landlord's attorney.

If the owner can get the case reversed, it's true you may be responsible for the back rent. As for the judge's order, you should get legal advice if it's correct and what you can do to fight it. Judge's should not do this on an article 78 proceeding, but they do have the power.

: We are in the process of fighting this court order and are looking for the DHCR to stand up for it's decision.

Don't expect anything from DHCR; they are controlled and represent landlords. You must make the fight yourself.

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: : In June 1996 the members of The Surfside Housing Assoc.for Tenants (S.H.A.F.T.) were granted a Rent Reduction by the D.H.C.R. for loss of services. It was retroactive to March 1995. The landlord promptly submitted an appeal for reversal of the order which was subsequently denied by the DHCR. For almost two years our tenants have been paying a reduced rent ranging anywhere from $40 - $90 per month and were told by the DHCR that we could expect the retroactive monies to be forthcoming.
: : Our landlord has filed an Article 78 claiming that the rent reduction should not have been approved in the first place. While waiting for that case to come to court (April 28) our landlord was able to get a State Supreme Court judge to rule that the tenants have to pay all the monies they received from the Rent Reduction into an Escrow account held by the landlord's attorney.

: If the owner can get the case reversed, it's true you may be responsible for the back rent. As for the judge's order, you should get legal advice if it's correct and what you can do to fight it. Judge's should not do this on an article 78 proceeding, but they do have the power.

: : We are in the process of fighting this court order and are looking for the DHCR to stand up for it's decision.

: Don't expect anything from DHCR; they are controlled and represent landlords. You must make the fight yourself.


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