David L. Moss and Associates is one of the prominent law firms in New York having extensive experience in litigating cases related to Commercial non-payment and holdover proceedings, Yellowstone Actions, harassment complaints, administrative hearings
David L. Moss and Associates provides legal representation to the clients in New York who have complaints of rent overcharge. A tenant who has been charged extra rent by the landlord can file a complaint in the Supreme Court or Civil Court, the Housing Court or the Department of Housing and Community Renewal. The law firm is specialized in representing and safeguarding the interests of several tenants as well as landlords.
One of the senior lawyers with the firm said, "If the court finds that you have been charged more than the actual rent intentionally by the landlord, then you are entitled to three-fold compensation. Your case can be litigated in the Supreme Court only if the amount in question exceeds $25,000."
If the plaintiff brings the case to Housing Court, he can file a counterclaim concerning the over charge in an eviction proceeding. In the DHCR, the decision for the penalties is decided by the Rent Administrator. If the defendant challenges the Rent Administrator's order by filing a Petition for Administrative Review (PAR) within 35 days of the judgment, then the tenant cannot collect the penalties until the PAR is settled.
"You can collect the penalty amount either by deducting 20% of the penalty from the monthly rent until it is completely counterbalanced or you can claim the entire amount at once. We have been successful in safeguarding the rights of several tenants, landlords and large and small businesses over the decade. If you have a complaint of overcharged rent, you can contact us for resolving the case in an economic and fast way," added the executive.
Even after the PAR is filed by the defendant, the tenant is subjected to pay the new rent as per the rent stabilization or rent control standards. This means that the tenant will continue paying the new lower rent unless a stay order is issued by the DHCR asking to delay the adjustment of rent. Look at this to know more on the other practice areas of the company.
About the Company:
David L. Moss and Associates is one of the leading real estate law and litigation firms in New York. The company has been successfully protecting the rights of landlords, tenants and businesses of all kinds for more than10 years. The firm is known for helping property owners and tenants exercise their rights and interests in the best possible manner. To find more information on the types of cases handled by the firm visit here.