Effective Date of Rent Reduction Is First Rent Payment Date After Notice of Complaint

Rent-stabilized tenant complained of a reduction in services based on insufficient heat and/or hot water. The DRA ruled for tenant based on three outstanding HPD violations for inadequate hot water service to tenant’s apartment. Tenant appealed and lost. Tenant claimed that the DRA improperly set the effective date for the rent reduction as April 1, 2015, because HPD records showed that landlord failed to provide heat and hot water during 2014. But, under DHCR Policy Statement 90-2, rent is reduced retroactive to the first of the month following the date that the DHCR sent landlord tenant’s complaint. Here, tenant filed his complaint on March 19, 2015, and the DRA sent landlord a copy on March 23, 2015. The fact that tenant made prior complaints to landlord was irrelevant.

Nwankwo: DHCR Adm. Rev. Docket No. DQ210016RT (12/11/15) [3-pg. doc.]