Effective Date Made Earlier

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.) Tenants complained of a reduction in services. The DRA ruled for tenants and reduced their rents. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord and restored tenants' rents, effective Dec. 1, 2004. Landlord appealed, arguing that all services were restored prior to the filing of the rent restoration application on Oct. 16, 2003. The DHCR sent tenants copies of landlord's application in November 2003. So the effective date of the rent restoration should be Dec. 1, 2003, a year earlier than the date granted by the DRA. The DHCR ruled for landlord. The DRA's record, including inspections, showed that the parking garage service was restored as of Nov. 10, 2003. So rents should be restored as of Dec. 1, 2003.

Zito/Brophy: DHCR Adm. Rev. Dckt. Nos. SL710029RO & SL710079RT-SL710081RT (4/28/05) [3-pg. doc.]