DHCR Properly Reopened Services Cases

Tenant complained of a reduction in services. The DRA ruled for tenant based on landlord's failure to answer. New landlord appealed. New landlord claimed that it never got notice of tenant's complaint. While the PAR was pending, the DHCR reopened the case, found that there was no reduction in services, and revoked the rent reduction. Tenant then appealed. The DHCR ruled against tenant, and she brought a court case to review the DHCR's decision. The court ruled against tenant. Tenant appealed and lost. The DHCR properly reopened the case because new landlord hadn't received notice of tenant's complaint. Tenant argued that new landlord was simply old landlord under a different name. But tenant never raised this issue until she brought the court case, so the court couldn't consider it.

Atkinson v. DHCR: NYLJ, 2/13/01, p. 24, col. 2 (App. Div.1 Dept.; Tom, JP, Andrias, Ellerin, Saxe, JJ)