DHCR Withdrew Proceeding Based on Claims Raised in Landlord's Housing Court Proceeding

In June 2015, tenant filed a service reduction complaint with the DHCR but the DRA terminated the proceeding after tenant withdrew the complaint in January 2016. Tenant filed another service reduction complaint in October 2018 and allowed access for the DHCR's "no access" inspection in March 2019. But tenant failed to provide access to the DHCR for a follow-up inspection scheduled for the following month. The DRA then terminated that proceeding, deeming all services maintained. The DRA also dismissed tenant's separate service complaint in 2019, finding services complained of in that proceeding to be maintained. The DRA then started a proceeding in November 2019 in connection with apartment conditions and sent landlord a Notice of Proposed Action. In response, landlord told the DRA that it had started a pending eviction proceeding against tenant for the sole purpose of gaining access because tenant repeaedly and unreasonably refused to provide access for repairs. The DRA terminated its "AI" proceeding in July 2020 based on landlord's pending court action for apartment access. Tenant appealed and lost. The courts had concurrent jurisdiction over lease violation matters and required services for tenants subject to rent stabilization. So, it was reasonable for the DRA to decline to issue a ruling in this case while the same issue was pending in Civil Court.

Smoren: DHCR Adm. Rev. Docket No. IT110003RT (7/15/22)[2-pg. document]