Landlord Can't Prove Tenant Caused Damage

November 23, 2020

LVT Number: #31103

Rent-stabilized tenant complained to the DHCR of a reduction in services and that landlord failed to perform certain renovation or repair work to her apartment. The DRA ruled for tenant, and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal. Landlord claimed that tenant caused damage to the apartment and that this damage shouldn't be the basis for a DHCR rent reduction for reduced services.

The court ruled against landlord. Landlord had presented no proof that tenant caused the damage. So the DHCR's decision was reasonable, not arbitrary.

Rent-stabilized tenant complained to the DHCR of a reduction in services and that landlord failed to perform certain renovation or repair work to her apartment. The DRA ruled for tenant, and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal. Landlord claimed that tenant caused damage to the apartment and that this damage shouldn't be the basis for a DHCR rent reduction for reduced services.

The court ruled against landlord. Landlord had presented no proof that tenant caused the damage. So the DHCR's decision was reasonable, not arbitrary.

113-117 Realty LLC v. DHCR: Index No. 150738/2020, 2020 NY Slip Op 33126(U)(Sup. Ct. NY; 9/25/20; Edmead, J)

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