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October 2010

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Tenants Won the Lawsuit

Tenants won the J-51 lawsuit. The other side is appealing - we are optimistic about winning! The judge found that all the “units at IPN became subject to regulation under the rent stabilization law after IPN exited the Mitchell Lama program” (June 29, 2004). Read the decision.

All tenants – act now to protect your rights as tenants of rent stabilized apartments.

If you moved in before April 2006 and you do not already have a complaint or lawsuit pending, protect your right to the best rent by filing a DHCR complaint as soon as possible.

If you moved in after March 2006 your apartment may be rent stabilized. A group of post-March 2006 tenants is going to ask the court to decide. For more info or to join this lawsuit contact edmundrosner@aol.com.

All tenants who moved in before April 2006– free market, LAP or voucher – need to file a DHCR rent overcharge complaint as soon as possible.

DHCR (NYS Division of Housing & Community Renewal) is the state agency that oversees rent stabilization. DHCR looks back four years to set a “base rent” for rent stabilized apartments.

For a complaint filed in late 2010, DHCR looks back to late 2006 to establish the base rent. For a complaint filed in 2008, DHCR looks back to 2004 to establish the base rent. The court may say that for all apartments the base rent should be established as of 2004.

If you have not yet filed a rent overcharge complaint you must do so in order to be included in such a decision.

Pay Your Rent

All tenants - continue to pay monthly billed rent, unless doing so is a severe hardship. If you have a severe hardship contact IPNTA for assistance.

LAP plaintiffs pay last M-L rent + electricity. Market rate plaintiffs pay last M-L rent & vacancy increase + electricity.

File your Rent Overcharge Complaint with the IPN Group

Our lawyer, Seth Miller of Collins, Dobkin & Miller is a J-51 and rent stabilization expert. He has been litigating these issues for years. The best way to protect your rights: Join the group and be represented by an expert. Of course, you can choose to file alone.

Volunteers Needed

Help tenants complete complaint forms Review forms for completeness. And more.. Training/Review meeting on Tues. Oct 12, 7:00 PM Location: To be announced / Contact: webmaster@ipnta.org

Filing Your Complaint with the IPNTA Group

What Where When
  • Deliver Papers
  • Join IPNTA
  • Sign Retainer Agreement
  • Contribute to Legal Fund
  If you live at:
Community Room– 80 No Moore Tues, Oct 19    6:30 – 8:30 PM
310 Greenwich, 2nd Flr 40 Harrison Wed, Oct 20    6:30 – 8:30 PM
  310 Greenwich Thu, Oct 21    6:30 – 8:30 PM
  Townhouses any of the above

Initial Legal Fund Contribution

At least one month's rent if you moved in after June 2004
At least $300 if you moved in before June 2004.

You must contribute to be part of the group. Payment plans available. Please let us know if you have a real financial hardship and reductions will be considered. Be prepared to contribute more if needed in the future.

If you decide to file the overcharge papers on your own, our attorney cannot represent you with DCHR, the Judge or the Landlord.

We will not be doing an additional collection of papers. This is it Folks. Please discuss any problems with participating at this time, whether they are financial or otherwise.

Instructions for Completing Forms

A blank form and instructions for completing it are available at: http://ipnta.org

For those without access to the Internet who need a form, put a note in the IPNTA lobby box with your name, phone number, apartment number. Building VP will contact you.

  • Compile four years of documentation: apartment leases, cancelled checks and rent receipts for the last four years. (If you do not have all the supporting material, provide as much as you can.)
  • If you have a garage space at an IPN garage, include a garage claim and copies of four years of cancelled checks and receipts.
  • Fill out the DHCR form.
  • Make two complete copies of all materials. You will keep one copy and submit the original and one copy to IPNTA for filing by Collins, Dobkin & Miller.
  • Complete a Tenant Information Form for Collins, Dobkin & Miller; also available at: http://ipnta.org/ Submit one copy and save a copy for yourself.
  • Deliver all materials to IPNTA - during our Workshop nights - who will deliver them to Collins, Dobkin & Miller once steps below are completed.
  • Join the IPNTA To participate in the group filing, you must be a member. (Regular: $25 per person per year / Senior: $15 per person per year)
  • Sign a retainer agreement and a solidarity agreement choosing Collins, Dobkin & Miller to represent you.
  • Pay the recommended initial legal fund contribution and be prepared to pay more later if needed:
    • At least one month's rent if you moved in after June 2004
    • At least $300 if you moved in before June 2004.

Attention Voucher Tenants

You must file a DHCR complaint to establish your apartment's base rent. Once base rent is established - you choose:

Keep your voucher and continue to pay 30% of your income - OR - Give up your voucher and pay the rent stabilized rent

  • Seniors who give up vouchers may be eligible for SCRIE (Senior Citizen Rent Increase Exemption)
  • Disabled residents who give up vouchers may be eligible for DRIE (Disability Rent Increase Exemption).

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