DHCR Corrected Improper Rent Reduction Order for Condo Unit

Tenant complained to the DHCR of a reduction in services at his apartment because his fireplace wasn't working. The DRA ruled for tenant and ordered a restoration of services. Landlord appealed and lost. Landlord argued that the apartment was a condominium unit and that the DHCR had no authority to issue the order. Landlord also showed that, within a few days after issuance of the DRA's order, tenant withdrew his complaint. The DHCR dismissed landlord's PAR. Landlord had also filed a request for reconsideration of the DRA's order, which the DRA had granted. The DRA ruled that the apartment wasn't under the jurisdiction of the DHCR when tenant filed his complaint. Tenant had filed no PAR of the DRA's second ruling. So, the DRA order under appeal here had been revoked, was null and void, and there was no need for the PAR, now dismissed.

RSP UAP-4 Property, LLC: DHCR Adm. Rev. Docket No. HP410028RO (8/26/20) [2-pg. doc.]