Housing Court Decides to Enforce DHCR Service Reduction Order in HP Proceeding

September 23, 2021

LVT Number: #31578

Tenant sued landlord in a housing court HP proceeding, claiming that a sloping floor condition in his apartment needed correction even though HPD issued no violation for the condition after inspection. The court denied landlord's request to dismiss the case. The DHCR had issued a rent reduction order in tenant's favor 16 months after HPD found no condition warranting a violation. The DHCR found a reduction in services based on the same sloping floor condition, and denied landlord's administrative appeal in a PAR decision.

Tenant sued landlord in a housing court HP proceeding, claiming that a sloping floor condition in his apartment needed correction even though HPD issued no violation for the condition after inspection. The court denied landlord's request to dismiss the case. The DHCR had issued a rent reduction order in tenant's favor 16 months after HPD found no condition warranting a violation. The DHCR found a reduction in services based on the same sloping floor condition, and denied landlord's administrative appeal in a PAR decision. The court found that it could "enforce" the DHCR order. The court ordered a hearing to classify the violation and issue an order to correct.

Morales v. 1160 Cromwell Crown LLC: Index No. 309734/2020, 2021 NY Slip Op 50748(U), NYLJ No. 1628609812 (Civ. Ct. Bronx; 8/3/21; Ibrahim, J)

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