DHCR Needn't Issue Rent Restoration Order Based on 1992 Inspection

Facts: Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on the DHCR's 1992 inspection showing landlord had repaired the water damage. The DRA never ruled on landlord's application, so landlord filed a second rent restoration application in 1998. The DHCR made another inspection in response to landlord's second application. Landlord's second application was denied based on a finding that the water damage continued. Landlord then asked the court to compel the DHCR to issue a rent restoration order based on landlord's first application. Court: Landlord loses. Landlord's time to compel action on its first rent restoration application had lapsed. And because landlord never appealed the DHCR's denial of its second application, the court didn't have authority to rule on the issue.

HSC Mgmt. Corp. v. DHCR: NYLJ, p. 30, col. 5 (12/22/99) (Sup. Ct. Bronx; Suarez, J)