Posted by TM on February 15, 1999 at 21:48:51:
In Reply to: Which forum to pick to complain about a rent overcharge in New York City posted by Hawk on January 11, 1999 at 06:10:32:
Your comments certainly "hit home" - overcharges & treble damages were granted back in 1994, legal rent reduced to under $500, landlord filed for a PAR,and runs off judgment as a rent credit for six years.
I resume paying legal rent, then six months later DHCR revokes Overcharge Finding! Landlord's attorney demands instant 3-day to pay up over $83,000 with monthly rent figure of $1,032.46 PLUS over $2,000 as 1/36 equal monthly installment, or petition for non-payment eviction . . .I pay the rent figure demanded but dispute other figures. Landlord does not accept rent issuing receipt until told to do so by Court, accepts for two months ["without prejudice"] and as of Jan 99, did not provide receipt.
Housing Court date adjourned for one month, deadline to file for Article 78 passes, on the advice of tenant attorney I file for bankruptcy to stay the eviction. In court, judge vacates case due to filing//leaving court landlord's attorney tells me in a loud, "Mr. M, You CAN DROP DEAD!"
Requested Commish DHCR to reopen and remand for further review based on fraud and misrepresentation over a month ago.
This is an extreme financial hardship to say the least, and I can face losing my apartment in an SRO Hotel. I've lived here for over thirteen years- and I seem to be only permanent tenant that is not provided with maid and linen service 1x per week/requests for repairs to ceiling and wall are not responded to/LL is trying to fill SRO Hotel with students.
What do you suggest? I'm at the point of asking for public assistance and have my job due to stress in dealing with this nightmare...what do you suggest?
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