DHCR Grants Rent Reduction After Court Orders Reconsideration

Rent-stabilized tenant complained of a reduction in required services based on claimed defects in apartment air conditioning units. The DRA ruled against tenant in 2022 and dismissed the complaint after the DHCR's inspector found that air conditioning services in the apartment's bedroom and living room were working properly. Tenant appealed, and the DHCR denied the tenant's PAR. Tenant then filed an Article 78 court petition, claiming that the DHCR's decision was arbitrary and unreasonable.

The court ruled for tenant, vacated the rent reduction order, and directed the DHCR to review tenant's complaint by conducting a new inspection of the apartment and its amenities. The new inspection was conducted in 2023. The DHCR then ruled for tenant in part. Re-inspection revealed that, at the time of re-inspection,  the living room air conditioner was defective. It could be turned on and off but was not blowing any air and was only humming. However, there was no proof that there was an air conditioner in the bedroom when tenant moved in. As a result, tenant's legal regulated rent was reduced to the level in effect before tenant's most recent guidelines adjustment commencing before the Aug. 1, 2022, effective date of the DHCR's order. 

Rodriguez: DHCR Adm. Rev. Docket No. LR610002RP (11/22/24)[4-pg. document]