DHCR Rent Reduction Order Can't Be Revoked Because Tenant Moved Out

Rent-stabilized tenant complained to the DHCR that landlord failed to provide required laundry services and storage room services at its building. The DHCR ruled for tenant and reduced her rents. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord, who appealed and lost. The DHCR's ruling was based on the agency's inspection at the building. Landlord now argued that the service reduction in question was de minimis but submitted no proof, either before the DHCR's order was issued, or at any time since then, that supported considering the conditions to be de minimis. The complaining tenant's failure to attach a supplemental Form RA-84.2 specifying the date of any change in services to her rent reduction application didn't entitle landlord to a presumption that the change was de minimis. The DHCR acted within its discretion when it accepted tenant's complaint without the RA-84.2 form. It also didn't matter that tenant had moved out. She lived in the apartment and had standing to file her complaint with the DHCR at the time she filed. It didn't matter that tenant no longer lived in the building at the time the landlord filed its PAR. 

Matter of 2010 Powell, LLC v. DHCR: Index No. 802395/21, App. No. 17263, Case No. 2022-00302, 2023 NY Slip Op 01043 (App. Div. 1 Dept.; 2/23/23; Renwick, JP, Gesmer, Moulton, Kennedy, Mendez, JJ)