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Posted by Anna on April 10, 1999 at 14:03:37:

In Reply to: Re: To Will posted by Will on April 09, 1999 at 23:39:45:

from Hawk's 3/23 request:
"or registration statements being added to the
computer system and the filing date back dated.
(That is the case I will present to the Attorney
General.)"

One thing that Will is describing are those anti-tenant statutes/amendments that first restrict the overcharge complaint to the last registration filed fours years prior to the OC complaint date and then the other one that states that, if the ONLY reason there could be an OC finding is the failure to file DHCR registrations, when if the missing registrations are filed before the court/DHCR decision, the OC disappears.

So far, courts & DHCR have rules that if the rent increases were higher than allowed by RGB guidelines, the OC sticks.

The statute actually says "proper registration", not just any old registration: tenants should point to any & all other reasons the registration and/or increass are not proper/legal such as:
failure to offer/sign renewal lease
incorrect data on either the apartment OR the BUILDING registration form: LL name, building status, dates, etc.
and for coop/condo conversion regulated tenants: failure to provide registered or essential or other pre-conversion services: on the back of the form, the LL must certify that these are provided: false cert should equal not "proper" reg...

I have yet to read any decisions using the above: any lawyers want test cases on these? (yes: I know some candidates....)

(Will: can you be more specific about the 'backdating' and 2 years??)

Follow Ups:

• I think you described it better Will 4/10/99 (0)
• Re: To Will: 4 yrs to file OC & still tenants lose... Hawk 4/10/99 (0)
• Re: To Will: 4 yrs to file OC & still tenants lose... Hawk 4/10/99 (0)
• Re: To Will: 4 yrs to file OC & still tenants lose... Hawk 4/10/99 (0)

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Comments:
: from Hawk's 3/23 request:
:  "or registration statements being added to the
: computer system and the filing date back dated. 
: (That is the case I will present to the Attorney
: General.)" 

: One thing that Will is describing are those anti-tenant statutes/amendments that first restrict the overcharge complaint to the last registration filed fours years prior to the OC complaint date and then the other one that states that, if the ONLY reason there could be an OC finding is the failure to file DHCR registrations, when if the missing registrations are filed before the court/DHCR decision, the OC disappears.

: So far, courts & DHCR have rules that if the rent increases were higher than allowed by RGB guidelines, the OC sticks.

: The statute actually says "proper registration", not just any old registration: tenants should point to any & all other reasons the registration and/or increass are not proper/legal such as:
: failure to offer/sign renewal lease
: incorrect data on either the apartment OR the BUILDING registration form: LL name, building status, dates, etc.
: and for coop/condo conversion regulated tenants: failure to provide registered or essential or other pre-conversion services: on the back of the form, the LL must certify that these are provided: false cert should equal not "proper" reg...
:  
: I have yet to read any decisions using the above: any lawyers want test cases on these? (yes: I know some candidates....)

: (Will: can you be more specific about the 'backdating' and 2 years??)


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