How to combat DHCR
Last September I applied to DHCR seeking to find out if my apartment is rent stabilized. For a number of reasons, all related to my landlord's harassment and aggression toward me I have been hurt and unable to work, so at this point I can't make my rent, which was the landlord's intention.
I have been trying to hold on by borrowing money from friends, etc, because I truly believe my apartment is rent stabilized.
About a month ago I contacted DHCR to find out how my case was going and was told that the investigation was complete and I should hear from them shortly. But I didn't.
Yesterday, a day before I was to go to court for the 3rd time on a holdover case in which the judge had agreed to allow me to stay in the apartment while awaiting DHCR's decision as long as I kept up my payments. I was 2 months behind. In desperation, I emailed every DHCR address I could find and was able to locate the attorney in charge of my case. Here's his response: Unfortunately, your overcharge complaint must be held in abeyance because the owner filed an application to exempt the building from rent regulation. Until that case is heard a determination cannot be made on your complaint. The holdover judge would not consider this as proof that my apartment is stabilized. (Landlord withdrew his motion for reasons I am not privy to, so I've still got the apartment for the moment.)
This could go on for a long time, and I in the meantime will lose my apartment. My question after this long post is, Is there a way to make DHCR acknowledge that until a decision is reached, for all intents and purposes, my apartment is currently rent stabilized? Is there something I can do myself? Is there a lawyer that will handle this if he sees he can win and reap the reward of 2 and half years of overcharge?
thanks for your consideration in this matter.