Starting All Over Again with DHCR

[Cranky Tenant]

Two years ago I filed a Lease Renewal Violations/Overcharge complaint with DHCR because the LL refused to renew the Rent Stabilized lease AND I believed he was overcharging me.

In March DHCR sent me the LL's response which said he was charging this rent because I have a pet and he wanted me out (not a valid reason)

Then in May 2002 DHCR orderd the LL to issue a lease. The LL filed a PAR stating he had already given me one, which of course I still haven't received..

I just checked the DHCR website today and discovered my complaint has been closed without any decision on the rent issue. So I telephoned DHCR and they advised me to fine a new Overcharge complaint. .

Does anyone have any suggestions about what I should do to avoid waiting another two years for a decision?

[Phil Cohen]

Whoa there. Did you ever get a copy of the decision from the DHCR on the overcharge issue? What was the basis of their decision?
I would do the following file an FOI request for the decision closing out your case without action, which if I were you I would direct via certified mail to the head of the office of rent administration.
Until you know the basis of the decision you can't meaningfully pursue your case. It is a violation of your right to due process.

[Cranky Tenant]

DHCR says they found in my favor, but the only decision I received was an order directing the landlord to renew lease. I never received any kind of decision about the legal rent. There's a notation on the bottom that says this is a lease violation complain, and that rent and service issues were not addressed in that proceeding.

Now DHCR is saying I should have treated it as two separate complaints on two separate forms.

[Phil Cohen]

My understanding is that there are indeed two separate forms for the situation you speak of -- overcharge and lease violations. Assuming you committed some kind of procedural violation by combining two separate complaints on one form, we now get into kind of a legal issue and I am not qualified to deal with it.

Would you be prejudiced in any way if you do indeed file a separate form at this time? Would it limit your relief? It's hard to respond without knowing this info.

Seems one thing you can do now is to appeal the PAR in part, by saying the DHCR should have dealt with your overcharge complaint even though it wasn't on the right form.

You have 60 days from the date of the decision to appeal (it must be postmarked by that day). Better hustle. If you're past the deadline, you cannot appeal the decision.

[Cranky Tenant]

It's a rather complicated situation that I tried to explain to the clerk who gave me the forms at DHCR. The form was an RA-90 which was sent to the Mediations department, and eventually made its way to the Overcharge Complaint Bureau.

This Spring I received the LL's non-response to DHCR, which had been submitted a year earlier, asking if he was asserting as his defense that the apartment was no longer subject to rent stabilization.

Looking back over the paperwork, I can see where it might have been the wrong form, but I'm mildly astounded that nobody mentioned this in the process. My written response clearly included my complaint that I believed I was being overcharged and it lingered in mediation for at least three months. During that time I had numerous conversations about the rent amount with a mediator who seemed to agree I was being overcharged.

I checked the DHCR website and it looks like I'm past the normal deadline for a PAR, but it did mention I might be able to submit one in their operational form at http://dhcr.state.ny.us/ora/pubs/html/orao841.htm
"For good cause shown, accept for filing any papers, even though not timely filed;"

I don't know if this qualifies or if that's the best route to take. It might be better to just start all over again but I just can't believe it's wound up like this after two years of waiting.

[Phil Cohen]

I think that the PAR deadline is firm. Even if not, I am not sure you could demonstrate "good cause."

[Cranky Tenant]

I received the new form in the mail and, sure enough, it is a different form. This time it's RA 89.(1/01) with instruction form 89.1(12/00) so I wonder if this form even existed when I originally filed in 6/00