Exposed Electrical Wiring Condition Corrected

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants in 1986 based on various conditions. Landlord filed several rent restoration applications based on restoration of services. The DRA ruled against landlord because exposed electrical wiring remained in the basement. Some time later, new landlord asked the DHCR to reconsider because two prior orders concerning rent restoration were contradictory. The DHCR initially did reconsider but, after procedural objections by tenant, later simply considered new application to restore rent filed in 2002. The DRA ruled for landlord in 2006 and restored rents effective Nov. 1, 2002. Tenant appealed and lost. Inspection in September 2006 showed there was no exposed electrical wiring. And the DRA properly set the effective date for the rent restoration at Nov. 1, 2002. The DHCR had advised tenant that this would be the effective date and DHCR Policy Statement 90-2 permits retroactive rent restoration to the first day of the month following notice to tenant of landlord's application. Tenant submitted no proof that the electrical wiring was still exposed in 2002.

Shernon: DHCR Adm. Rev.Docket No. VA210013RT (5/25/07) [5-pg. doc.]