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Court Remitting back to DHCR

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Court Remitting back to DHCR

Postby Queensrules » Wed Jul 14, 2021 9:27 pm

I do not understand the implications of a document I am reading. Could you determine if it is bad or good or unknown?

A bit late here, story follows, but I see that the Article 78 case my LL brought against DHCR for 2 determinations in my favor (1st, and PAR denied), is a “Stipulation of Settlement, remitting the proceeding back to Respondent (DHCR) for further proceedings and a new determination”.

It was first determined that my apt was illegally destabilized in 2009 due to landlord Not having offered new tenant a 1-2 years lease, but rather a month-to-month “rental agreement” that clearly stated it was not a lease.

Rent Administrator at DHCR ordered LL to give me a 1-2 yr lease (I also had a month-to-month rental agreement starting in 2011), and the preferential rent be approx $1700, and the legal rent be $1095 (the rent I first paid in 2011 (current rent being $1,495).

The PAR was then denied, with DHCR upholding the Rent Administrator’s original decision, PLUS adding that my legal rent would be $1,095 (no more legal/preferential differences).

LL filed Article 78 against the 2nd DHCR decision.

Now, see first sentence. My case was due to be held June 30, but Stip of Adjournment was entered w/new DHCR docs due by 7/21 and new trial Supreme Court on 8/11..

Then the Stip of Settlement was entered July 8. What does that remitting back to DHCR for “further proceedings” and “new decision” mean? I have yet to file an overcharge, but I should. Thank you.
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Re: Court Remitting back to DHCR

Postby TenantNet » Wed Jul 14, 2021 10:00 pm

We would have to see the A78 decision and underlying PAR decisions. Can you upload them (all pages) using private mail? Do not do it in the public area of the forum. I can't see the first sentence (or anything) as you didn't upload it.

In general, remitting back to DHCR of a decision in your favor is a bad thing (for you). Did you intervene in the A78? Did you ask to be? Did you have an attorney?
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Re: Court Remitting back to DHCR

Postby Queensrules » Wed Jul 14, 2021 10:11 pm

I will send those docs. No, I did not intervene w/the Article 78, and I cannot afford an attorney, but early on had a consultation w/a prominent tenant attorney. Where do I email the docs? Thanks.
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Re: Court Remitting back to DHCR

Postby TenantNet » Thu Jul 15, 2021 7:40 am

We replied to your private message. You did not attach any files to the PM. However, apparently you sent us something to our regular mail box. That is not the forum's private mail.

Just a note - when sending documents, please send as PDF format, not JPG format, and try to use sufficient resolution (300 dpi minimum) for clarity. Enlarging these JPGs so I can read them results in a low resolution that looks like watching TV on an old 1966 B&W set. If using a phone instead of a scanner, then please use an app designed to capture documents and convert them to PDF files, for example CamScanner. (however everyone should have a real scanner IMHO).

Also one document per file. If a document has multiple pages, create a document with all pages in that one file. For example, below I ask for four documents/files. Put all pages for each document into a single file, please.
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Re: Court Remitting back to DHCR

Postby TenantNet » Thu Jul 15, 2021 7:47 am

You did not send, and we still need:
1. The owner's PAR (you sent the owner's response to the tenant's answer)
2. The tenant's Answer to the owner's PAR.
3. The owner's A78 petition
4. The DHCR answer to the owner's A78 petition
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Re: Court Remitting back to DHCR

Postby Queensrules » Thu Jul 15, 2021 10:03 am

Ok. Will try, but my scanning capabilities are minimal at home. Thanks
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Re: Court Remitting back to DHCR

Postby Queensrules » Mon Jul 19, 2021 3:34 pm

Have you had a chance to look at the documents? Looking at webcivil for the Queens Supreme Court, it states that this case is withdrawn and disposed,,,though there was a Stip of Adjournment and Stip of Settlement. Thank you. I greatly appreciate your efforts and time.
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Re: Court Remitting back to DHCR

Postby TenantNet » Mon Jul 19, 2021 4:01 pm

I went through about half of them, so still have some to go. I'll let you know when I've done that, either here or by email. FYI, I'm looking at court procedure, not the merits of your case. And while I'll give you my opinion, understand I am not an attorney and do not practice in court (although I have been through a fair number of cases). It's always best to double-check with a tenant attorney.
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Re: Court Remitting back to DHCR

Postby Queensrules » Tue Jul 27, 2021 3:23 pm

Hi, Have you had a chance to look at the other docs.

Does ‘withdrawn’ and disposed mean only for that particular court date (7/14/21), or LL has withdrawn his Article 78 altogether? The WebCivil/etrack system says, regarding the Stipulation of Settlement, that: “In order for DHCR to have jurisdiction to effectuate the stipulation and conduct further proceedings, an order from this court remitting the proceeding to DHCR is necessary.” Is the Stipulation that Order, if not, how long does that generally take? (Forgetting my Court-speak since retired). Thanks.
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Re: Court Remitting back to DHCR

Postby TenantNet » Tue Jul 27, 2021 4:06 pm

Continued apologies. I know I said about 10 days ago, but my plate is way too full. I haven't forgotten though. Please give me a few more days and then nag me again (I don't mind).

Withdrawn and disposed generally mean of the proceeding, not a particular date.

Without having looked at the most recent documents, I think the stip (is it so-ordered by a judge?) would be the order to DHCR.
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Re: Court Remitting back to DHCR

Postby Queensrules » Fri Jul 30, 2021 2:51 pm

Yes, the stip is now so Ordered. Have you had any time to look over the remaining docs yet? I feel in the dark now. Keeping positive, because maybe it was sent back to include overcharges, or to settle on my current rent as the legal rent.

I don’t think there has ever been a more blatant non-compliance w/deregulating an apt, and I lived with a month-to-month ‘Rental Agreement’ for 10 years, that states in caps ‘This is Not a lease’, they must have bought it at Walmart. All this and I am a retired senior citizen on a fixed income. Shameful behavior. Guess it is all up for speculation now. It’s been 6 years since I first wrote to DHCR, hopefully it won’t be another 6 dealing w/an ordered ‘further proceedings” (what does that implicate?) “new determination”. Generally, DHCR did the right thing from the beginning.
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Re: Court Remitting back to DHCR

Postby BubbaJoe123 » Mon Aug 02, 2021 9:49 am

Queensrules wrote:Yes, the stip is now so Ordered.


So, the judge in the Article 78 has signed off on the settlement agreement between your landlord and DHCR.

Queensrules wrote:maybe it was sent back to include overcharges, or to settle on my current rent as the legal rent.


It seems very unlikely that the result of your LL and DHCR settling an Article 78 would be more favorable to you than the situation before the LL filed the Article 78.

Queensrules wrote: hopefully it won’t be another 6 dealing w/an ordered ‘further proceedings” (what does that implicate?) “new determination”. Generally, DHCR did the right thing from the beginning.


Most likely, in the settlement (stip), DHCR has agreed to reconsider at least part of the decisions they made in your favor.
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Re: Court Remitting back to DHCR

Postby Queensrules » Mon Aug 02, 2021 8:49 pm

Thanks, BubbaJoe. I am staying positive in the face of uncertainty.
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Re: Court Remitting back to DHCR

Postby TenantNet » Mon Aug 02, 2021 9:33 pm

And sorry, I haven't forgotten, but I'm dealing with some important issues right now. I will get to it.
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Re: Court Remitting back to DHCR

Postby Queensrules » Thu Aug 19, 2021 8:03 pm

Any speculation or thoughts about this outcome? I feel like it is getting buried by other posts.

I see my case is out of the Supreme Court and back at DHCR w/a new #JT….RP—actively being processed…back to the drawing board. 6+ years.

Thanks.
Last edited by Queensrules on Tue Sep 28, 2021 9:25 pm, edited 1 time in total.
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