Landlord Can't Make Claims for First Time in PAR of Rent Restoration Denial

In July 2019, rent-stabilized tenant complained to the DHCR of a reduction in apartment services. The DRA ruled for tenant and reduced her rent based on findings that that the left stove burner was not self-lighting, the oven thermostat knob numbers were worn and not visible, the bathtub enamel was worn and peeling, two replaced floorboards in the hallway weren't stained or shellacked, and there were areas of chipped flooring filled with wood putty. Landlord later applied for rent restoration based on restoration of services, but the DRA found that the listed items hadn't been restored.

Landlord appealed this ruling and lost. Among other things, landlord claimed that the oven temperature knob, tub enamel, and floorboard conditions were de minimis and shouldn't have resulted in rent reductions. The DHCR ruled against landlord, noting that landlord didn't appeal the underlying rent reduction order. Therefore, landlord couldn't raise its de minimis claims for the first time in an appeal of the DRA's denial of its rent restoration application. 

108 Park Terrace Realty LLC: DHCR Adm. Rev. Docket No. MM410018RO (3/22/24)[4-pg. document]