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Will
the Landlord Hire a Lawyer?
 Once
a complaint is filed, the landlord may try to represent himself.
But at some stage of the proceeding, if the tenant is making any
case at all, the landlord will realize that too much money is
at stake to risk making mistakes. He will hire a lawyer with years
of experience in fighting tenants in rent overcharge proceedings.
Landlords are used to hiring lawyers for the most routine rent
payment cases, where only a few hundred dollars are involved.
Why would a landlord be so foolish as to not hire a lawyer in
a rent overcharge case, where he stands to lose thousands of dollars?
A lawyer specializing in overcharge will know what evidence is
relevant and what is irrelevant. He will know what arguments have
persuaded DHCR in the past. Experience counts.
Landlords are under the impression that lawyers get a better
audience with DHCR. This idea is not completely wrong. DHCR staff
would expect that a lawyer will take DHCR to court if they rule
against him. Thus, landlords are under the impression that lawyers
give them an edge, beyond the experience and knowledge the lawyer
may bring to the table.
What can a landlord’s lawyer do to defeat something as "simple"
and "straightforward" as an overcharge case? Plenty.
Be prepared for the landlord’s lawyer to employ a whole repertoire
of defenses against an overcharge claim. In the next section,
I mention just a few.
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Steven
De Castro, Esq., represents tenants in rent overcharge cases.
To find out how the statements made on this site may be applicable
to your situation, call 212-964-5364.
