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Counterclaim to Non Payment action

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Counterclaim to Non Payment action

Postby Craigo » Thu Oct 22, 2009 12:46 pm

I was served and have a court date for non payment. LL claims are more than owed because he has not honored DHCR Order reducing rent. Copy of the Order was sent by DHCR to LL address. I additionally sent it 2 times to LL via Cert Mail and still received unpaid notices from LL with old increased rent amounts thereon.

Can I counterclaim that this practice of sending incorrect amounts on notices continuously, as a from of retaliation or harassment for filing the DHCR action? or can I at least use it as a bargaining tool to maybe excuse one month's rent , or something like that?
Craigo
 
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Joined: Thu Oct 22, 2009 12:33 pm

Postby cdonovan » Wed Mar 10, 2010 11:17 pm

Yes, I would assert it is harrassment and retaliation for standing up for your rights and contacting who you see fit. You can't be penalized for that. THAT kind of behavior infringes upon your peaceful enjoyment of your apt.
cdonovan
 
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Joined: Wed Mar 10, 2010 1:17 am


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