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Part, nor shall any owner be entitled to a rent
restoration based upon a restoration of
services unless such restoration of services has been determined by the DHCR in a proceeding
commenced by an owner's application to restore rent or a proceeding
commenced pursuant to section 2526.2 of this Title, or in another proceeding
pursuant to this Code. Such restoration shall take effect, where
restoration of services has been determined in a proceeding commenced by an
owner's application for rent restoration, in accordance with section 2522.2
of this Title and, where restoration of services has been determined by the
DHCR in a proceeding commenced pursuant to section 2526.2 of this Title, or
in another proceeding pursuant to this Code, on the date specified in the
order of the DHCR issued in such proceeding.
Presently the New York State Division of
Housing and Community Renewal (DHCR) ignores the false certification and
allows the landlords to impose increases unless the tenant raises a specific
challenge. This is not the way this should work. It is time to force the
DHCR to examine the certifications against the records of HPD, the Building
Department, the Fire Department, the DEP, which can now easily be done via
computer.
I am here now taking the position that
this litigation will force DHCR to conduct such examinations so that a
landlord when there is lease renewal will have to be free of violations that
manifest failure to deliver services that he has falsely certified as being
properly delivered.
Further, there should be no reason why
in a past six-year period tenants should not be allowed to recover the rent
increase if the landlord falsely certified and provision will be made to
force DHCR to remedy this matter, in the contemplated litigation.
B. There are circumstances in
where the DHCR has granted restoration of rent to landlord who had suffered
a rent reduction where there still existed serious violations against the
building.
C.
There are instances where landlord owner/developer
files to remove tenants on a phony demolition claim.
D. There are instances where
DHCR fails to examine and consider equitable standards when granting relief
to a landlord and denying relief to a tenant.
As much as I feel empathy for an
individual tenant who has so suffered, this alert is focused upon buildings
and complexes who have so suffered. I am interested in examining such
circumstances even if your case is over.
The bottom line here is that it is my
position that DHCR cannot sit back and only decide the issues that the
tenants and landlord raise at DHCR in the terms of equal litigants akin to a
Court. I argue here that DHCR owes an obligation to the tenants and the
public to be proactive in protecting the regulated housing stock.
If and when you read this alert and you believe that you have
suffered such injustice I want to hear from you for further discussion,
investigation and evaluation to ascertain whether your building or
complex is a proper candidate for this nature of litigation.
Call Robert A. Katz, tel.
212-587-2400, ext. 13 or 718-268-1922.
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