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Posted by MIA on October 20, 1999 at 14:53:11:

In Reply to: Should I get a lawyer or try negotiating myself? posted by Laura on October 20, 1999 at 13:33:15:

: P.S. The landlord did allow tenants (the one who complained and the one after her) to pay less than the posted legal rent. Here's a history of the rent from the time of the complaint to the present

It's not for the landlord to 'allow': according to DHCR, your legal rent is $1262. Those higher rents paid by you are the registered rents. If none of them exceed the legally allowed increses, if and when DHCR 'restores' your apt's rent, your rent would increase with the next lease renewal at the RGB rates in effect then. e.g., if DHCR gave the restore order today, and your lease expires next July, then the LL could charge $1262 plus 2%-4% for august.

Your apt history, revised:
: 98-99: not registered, rent paid $1725, legal rent $1262.
: 97-98: registered rent $1625.35, actual paid rent $1377, legal rent $1262
: 96-97: registered rent $1593.48, actual paid rent $1350, legal rent $1262
: 94-96: registered rent $1397.79, actual paid rent $1107.60, legal rent $1262
: 92-94: registered rent $1344, actual paid rent$1000.00

So: my question to you is: where did DHCR get the $1262 rent from?

ps: search in this forum on "overcharge": there are some suggestions on how to proceed. hint: negotiating with your landlord isn't one of them.

Follow Ups:

• Re: Should I get a lawyer: yes Laura 10/21/99 (0)

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Comments:
: : P.S. The landlord did allow tenants (the one who complained and the one after her) to pay less than the posted legal rent. Here's a history of the rent from the time of the complaint to the present

: It's not for the landlord to 'allow': according to DHCR, your legal rent is $1262.  Those higher rents paid by you are the registered rents.  If none of them exceed the legally allowed increses, if and when DHCR 'restores' your apt's rent, your rent would increase with the next lease renewal at the RGB rates in effect then.  e.g., if DHCR gave the restore order today, and your lease expires next July, then the LL could charge $1262 plus 2%-4% for august.

: Your apt history, revised:
: : 98-99: not registered, rent paid $1725, legal rent $1262.
: : 97-98: registered rent $1625.35, actual paid rent $1377, legal rent $1262
: : 96-97: registered rent $1593.48, actual paid rent $1350, legal rent $1262
: : 94-96: registered rent $1397.79, actual paid rent $1107.60, legal rent $1262
: : 92-94: registered rent $1344, actual paid rent$1000.00

: So: my question to you is: where did DHCR get the $1262 rent from?

: ps: search in this forum on "overcharge": there are some suggestions on how to proceed.  hint: negotiating with your landlord isn't one of them.


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