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Posted by TenantNet on January 10, 1999 at 16:14:17:

In Reply to: Re: DHCR never send me copy of decision, not it's too late for normal appeal - what can I do? posted by Roy on January 08, 1999 at 16:00:45:

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: Jerry, I've reread your advice and it gives me just what I need. (I was preoccupied with something else when I read it the first time, and apparently missed the point.) Anyway, thanks again!

You indicated the decision was reached quickly. How quickly? With the time it takes to serve the complaint on the LL,, the time for the LL to respond, mailing the LL's response to the tenant and giving the tenant time to respond, it takes a finite period of time. If it was less than this, then you have grounds to reopen the case. I've heard of a recent case where the onus was on the agency to prove the tenant received the decision (not that DHCR had sent it). But I'm not sure of the details of this case. I think it was handled by the firm Collins Dobkin and Miller at 212-587-2400. You can ask DHCR to reopen the case. DHCR is notorious for dismissing such tenant requests, bbut you need to build a case that the agancy also routinely grants such requests from landlords. They also routinely refuse to ignore the requirement that there is a "rebuttable presumption" of willfullness in any overcharge, meaning it is the LL's obligation to show different. After DHCR reaches a decision if there was an overcharge, they are supposed to send the landlord a letter giving him the opportunity to show the overcharge was not willfull. Add that to the minimum processing time (if the decision was reached under what this processing time allows, then something was skipped... giving you grounds).

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: : Jerry, I've reread your advice and it gives me just what I need.  (I was preoccupied with something else when I read it the first time, and apparently missed the point.)  Anyway, thanks again!

: You indicated the decision was reached quickly. How quickly? With the time it takes to serve the complaint on the LL,, the time for the LL to respond, mailing the LL's response to the tenant and giving the tenant time to respond, it takes a finite period of time. If it was less than this, then you have grounds to reopen the case. I've heard of a recent case where the onus was on the agency to prove the tenant received the decision (not that DHCR had sent it). But I'm not sure of the details of this case. I think it was handled by the firm Collins Dobkin and Miller at 212-587-2400. You can ask DHCR to reopen the case. DHCR is notorious for dismissing such tenant requests, bbut you need to build a case that the agancy also routinely grants such requests from landlords. They also routinely refuse to ignore the requirement that there is a "rebuttable presumption" of willfullness in any overcharge, meaning it is the LL's obligation to show different. After DHCR reaches a decision if there was an overcharge, they are supposed to send the landlord a letter giving him the opportunity to show the overcharge was not willfull. Add that to the minimum processing time (if the decision was reached under what this processing time allows, then something was skipped... giving you grounds).



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