Conditions Not Cited in Original Order

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services, based on a number of conditions. The DRA ruled for tenant and reduced his rent. Landlord later applied to restore the rent based on restoration of services. The DRA ruled against landlord because an inspection showed there was peeling paint and plaster in tenant's living room. Landlord appealed, pointing out that this condition wasn't one cited in the original order. The DHCR ruled for landlord and restored the rent. Only those conditions that were part of the original findings by the DRA can be considered in restoring the rent.

Nagel: DHCR Adm. Rev. Dckt. No. LJ420160RO (11/24/98) [2-pg. doc.]