Application Reopened Since Landlord Applied for Rent Restoration

LVT Number: 12444

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord applied for MCI rent increases based on roof work done on the building. The DRA ruled against landlord because there was a building-wide rent reduction order in effect due to landlord's failure to maintain services. Landlord appealed, claiming that it had restored services but was unable to file a rent restoration application because it couldn't get a copy of the DRA's rent reduction order from the DHCR. The DHCR ruled for landlord.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord applied for MCI rent increases based on roof work done on the building. The DRA ruled against landlord because there was a building-wide rent reduction order in effect due to landlord's failure to maintain services. Landlord appealed, claiming that it had restored services but was unable to file a rent restoration application because it couldn't get a copy of the DRA's rent reduction order from the DHCR. The DHCR ruled for landlord. Landlord had informed the DRA that it was trying to get the rent reduction order so that it could file the rent restoration application. Landlord had complied with the DRA's instructions as best it could; the DHCR couldn't find the rent reduction order before the DRA denied landlord's MCI application. Landlord's MCI application was granted.

Kreisel Co.: DHCR Adm. Rev. Dckt. No. IF430079RO (3/6/98) [4-page document]

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