Denial of Rent Restoration Application Upheld

March 1, 2005

LVT Number: 17961

Tenant complained of a reduction in services. The DHCR ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on restoration of services. The DHCR ruled against landlord. Landlord appealed and lost. Landlord didn't restore all services that the DHCR found weren't being provided. The missing dining room doors found by the DHCR's inspector weren't a minor condition. Landlord also argued, for the first time on appeal, that the DHCR's inspector was biased in favor of tenant.

Tenant complained of a reduction in services. The DHCR ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on restoration of services. The DHCR ruled against landlord. Landlord appealed and lost. Landlord didn't restore all services that the DHCR found weren't being provided. The missing dining room doors found by the DHCR's inspector weren't a minor condition. Landlord also argued, for the first time on appeal, that the DHCR's inspector was biased in favor of tenant. But landlord didn't raise this issue before the DHCR, and it was based only on the statement of his attorney, who had no personal knowledge.

2084-2086 BPE Assocs. v. DHCR: NYLJ, 2/22/05, p. 27, col. 6 (App. Div. 1 Dept.; Tom, JP, Andrias, Ellerin, Gonzalez, Catterson, JJ)

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