Answers to Tenant Complaints
Tenants may file complaints with DHCR about almost anything - and they do! For almost every form that a Landlord is required to file with DHCR, there is a corresponding tenant complaint form. Below is a list of some of the complaints a tenant may file:
And so on, and so on, and so on . . . . . .
Some tenants file baseless complaints simply because they can. If a Landlord fails to timely answer even a baseless complaint, he/she may end up with an order from DHCR finding a rent overcharge with treble (triple) damages or a Rent Reduction Order, which can take years to get restored. A Landlord's best defense to tenant complaints is proper paperwork. If the paperwork is in order, it is much easier to get a tenant complaint dismissed. To successfully defend a tenant complaint, a Landlord must timely and fully respond, providing all possible documentation, including copies of leases, rent registrations, receipts and cancelled checks for improvements, photos (if applicable) and even correspondence to and from the tenant. In some cases, Landlords must provide copies of their answers to all tenants who may be affected by the complaint. Many Landlords lose cases due to improper filing or incomplete documentation.
DHCRexpert.com evaluates each tenant complaint, obtains the necessary available documentation from (and for) the Landlord and timely and properly files Answers with all documentation that is available, in a neat, concise package.
Sometimes, in spite of the Landlord's timely, proper, documented answer, DHCR, in its infinite wisdom, still decides against the Landlord, contrary to its own regulations. In these cases, the Landlord may file a Petition for Administrative Review (PAR), wherein a Landlord may restate his/her case and point out why they believe DHCR's original decision is incorrect. Many Landlord's are successful on PAR's simply because they are reviewed by administrative personnel at DHCR, as opposed to the original tenant complaints, which are reviewed by clerical personnel whose decisions are not always based on the law and regulations. In order to be successful on a PAR, you must be fully familiar with the Rent Control and Rent Stabilization laws and DHCR Regulations and all of the NYC Rent Guidelines Board Orders.
DHCRexpert.com is fully familiar with and has copies of all of the latest (and old) laws, regulations and guidelines and uses them to the fullest extent to Answer Tenant Complaints and file PAR's.
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