DHCR Properly Granted Landlord's Rent Restoration Application

The DRA reduced rent-stabilized tenant's rent based on a reduction in services. The DRA found that tenant's refrigerator and kitchen cabinets weren't properly maintained by landlord. The DRA later granted landlord's application to restore rent based on the restoration of services. Tenant appealed, but the DHCR denied her PAR. Tenant then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. Tenant pointed out that the DRA had denied two prior applications by landlord for rent restoration in this case and that, since landlord didn't appeal those decisions, the DHCR was incorrect to later grant a third application by landlord seeking restoration.

The court ruled against tenant. Tenant misunderstood the law. Rent Stabilization Code Section 2523.3 called for rent restoration where landlord demonstrated restoration of services. It didn't matter whether landlord's prior applications had been denied because at an early point it hadn't made sufficient repairs to warrant rent restoration. Tenant hadn't responded to the DRA's notice of landlord's third rent restoration application, so there was no proof that landlord hadn't restored services.

Levenkova v. DHCR: Index No. 5341/2013, NYLJ No. 1202651138154 (Sup. Ct. Kings; 4/3/14; Lewis, J)