Effective Date Is Month After Landlord's Application Is Filed

June 30, 2006

LVT Number: 18978

Tenants complained of a reduction in services. The DHCR ruled for tenants. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord and made rent restoration retroactive to April 1, 2001. Landlord appealed, claiming that it had restored services 10 years before it applied for restoration. Landlord argued that the rent restoration should have been made effective as of 1991. The court and appeals court ruled against landlord. The DHCR's decision complied with the Rent Stabilization Code.

Tenants complained of a reduction in services. The DHCR ruled for tenants. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord and made rent restoration retroactive to April 1, 2001. Landlord appealed, claiming that it had restored services 10 years before it applied for restoration. Landlord argued that the rent restoration should have been made effective as of 1991. The court and appeals court ruled against landlord. The DHCR's decision complied with the Rent Stabilization Code. If granted, rent restoration for rent-stabilized tenants becomes effective on the first rent payment date after landlord's rent restoration application is filed.

Wembly Mgmt. Co., Inc. v. DHCR: NYLJ, 6/26/06, p. 28, col. 6 (App. Div. 1 Dept.; Saxe, JP, Marlow, Nardelli, Catterson, McGuire, JJ)

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