DHCR Reconsiders Prior Decision That Community Room Was Maintained

Rent-stabilized tenant complained of a reduction in services. The DRA initially had ruled against tenant in March 2017, finding that a community room playground and parking lot gate were maintained. However, upon reconsideration,the DRA ruled for tenant and reduced his rent.

Landlord appealed and won, in part. Landlord argued that the initial order was improperly reconsidered because the reconsideration took place more than 95 days after the DRA issued that order in March 2017. And the order didn't state why the case was reopened or what irregularity in a vital matter justified the reconsideration. Landlord also argued that, in any event, the conditions complained about were de minimis. The DHCR noted that no 95-day deadline applied to the reconsideration since it wasn't requested by the parties. But the reconsideration concerned the community room only and shouldn't have eliminated the DRA's prior determination that the playground and parking lot gate were services that were being maintained.

The DHCR modified its prior order to state why the community room issue was being considered. It was due to prior conflicting DHCR orders indicating that the community room had existed until 2015 and was then permanently removed.

Manchester I, LLC: DHCR Adm. Rev. Docket No. GV710042RO (11/6/19) [3-pg. doc.]