Fact
Sheet #32 - Mediation
[Note:
This fact sheet is currently under revision by DHCR. The information
below is from a previously issued version of this fact sheet and may
not accurately state DHCR's current policy. To see whether DHCR has reissued
this fact sheet, go to their website.]
The Office of Rent Administration (ORA) has a Mediation Program through
which attempts are made to resolve common disputes between owners and tenants
without the time-consuming paper work and procedures that are required when
formal complaints are filed. The program covers four basic types of issues:
tenants' complaints regarding services, tenants'complaints of owners' failure
to renew a lease, owners' claims of tenants' refusal to sign a renewal lease
and certain types of tenants' complaints of harassment.
Upon assignment of the complaint to a counselor, the parties are contacted
in an attempt to reach a solution acceptable to both parties within the context
of the rent regulatory laws. The process is not open ended. If a resolution
cannot be reached quickly, or within a reasonable period of time, the mediation
terminates and the complaint is forwarded for formal docketing and processing.
Participation in the program has been found to benefit both owners and tenants.
The process followed by the Mediation Unit varies, depending on the type
of case.
Generally, there is a fourteen-day processing period, which does not commence
until both parties have been contacted by telephone.
Services
A tenant may request mediation of a service issue by completing a request
for mediation form and submitting it along with a service complaint. After
the complaint is reviewed by a mediation counselor, the complaint may be
deemed ineligible for mediation if there are hazardous conditions, if the
owner and tenant are in court regarding the same issue(s), if there are multiple
service complaints which could not be remedied in fourteen days, or if the
owner cannot be contacted. Ineligible complaints will be forwarded to the
proper unit for docketing and processing in the normal course of business.
If the complaint is deemed eligible for mediation, the counselor will contact
the tenant by telephone to review the conditions listed on the complaint
form. Following the initial contact with the tenant, the counselor will contact
the owner by telephone and describe the problems reported by the tenant.
If the owner does not agree to participate in the program, the tenant's complaint
will be forwarded to the proper unit for docketing and processing. Owners
who agree to participate in the program must also agree to investigate and
make all necessary repairs within fourteen days. If necessary, the counselor
may assist in scheduling appointments for access into the apartment. After
fourteen days, the counselor will follow up with the tenant to determine
if the problems have been resolved and repairs made. If the owner has not
fixed the defective conditions, or the owner disputes the need for repairs,
the tenant's complaint will be forwarded to the proper unit for docketing
and expeditious processing.
By participating in this program, a tenant can benefit by having services
restored quickly. The owner can benefit from this program by not having to
formally answer a complaint and/or be faced with a rent reduction.
Lease Renewal Violations
All lease renewal complaints filed by tenants with ORA are reviewed initially
by the Mediation Unit. After the complaint is reviewed by a mediation counselor,
the complaint may be deemed ineligible for mediation if the complaint involves
primary residency, owner occupancy, tax abatement, succession, or if the
owner and tenant are in court on the same issue, or if there is any issue
that would require additional evidence to be submitted, or if the owner cannot
be contacted. Ineligible complaints will be forwarded to the proper unit
for docketing and processing in the normal course of business.
If the complaint is deemed eligible for mediation, the counselor will contact
the tenant by telephone to review the issues contained in the complaint,
including what constitutes a proper renewal lease. Following the initial
telephone call to the tenant, the counselor will contact the owner by telephone
to discuss the specific issues raised. If the owner does not agree to participate
in the program, the tenant's complaint will be forwarded to the proper unit
for docketing and processing. Owners who agree to participate in the program
must also agree to resolve the issues within fourteen days. After fourteen
days, the counselor will follow up with the tenant to determine if the complaint
has been resolved. If the complaint has not been resolved, the tenant's complaint
will be forwarded to the proper unit for docketing and formal processing.
By participating in this program, a tenant can benefit by receiving a properly
executed renewal lease. The owner can benefit by not having to formally answer
a complaint and/or be faced with an extended period of time during which
the tenant is not required to pay a rent guideline increase.
Owner Lease Issues
Failure
of a tenant to sign and return a proper renewal lease can be grounds for
eviction. The owner can request that DHCR mediate the issue. Mediation is
used to resolve the problem without the owner having to go to court. Owner's
Request for Mediation forms are available at local
rent offices.
Harassment
After an initial review by the Enforcement Unit, some harassment complaints
that allege facts insufficient to necessitate the immediate opening of a
harassment case are referred to the Mediation Unit. The tenant and owner
will be contacted by telephone by a mediation counselor who will attempt
to resolve the issues raised in the complaint. If the counselor is unable
to resolve the matter, the counselor may, based on the circumstances and
facts, refer the complaint back to the Enforcement Unit for further review
and possible action.
For
more information or assistance, call the DHCR Rent InfoLine (718-739-6400)
or visit your Borough or County Rent Office.
DHCR
Version 12/16/04
RGB Page Updated 8/11/08
