Defect Not Cited in Original Order

(Decision submitted by Pamela A. Koplik of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration, claiming that services had been restored. The DRA ruled against landlord because an inspection showed that there was a stuck storm-window latch in one apartment bedroom. Landlord appealed, claiming that this item wasn't one of the conditions for which the rent had been reduced. The DHCR ruled for landlord. The DRA's order found only that the storm-window latch in another bedroom wasn't being maintained. The DHCR has ruled repeatedly that to have rents restored, landlords must restore only services found decreased in the original rent reduction orders.

Belle Harbor Apts. Corp.: DHCR Adm. Rev. Dckt. No. LJ110029RO (5/12/98) [2-page document]