Landlord Didn't Get Copies of Tenant's Responses

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent, finding that landlord hadn't maintained refrigerator gaskets in tenant's apartment. Landlord appealed, claiming it was denied due process because the DRA didn't send landlord copies of tenant replies submitted in response to landlord's answer to the complaint. The DHCR ruled for landlord and sent the case back to the DRA. The DRA was ordered to send landlord copies of four tenant replies previously submitted since they contained statements to which landlord should have been given an opportunity to respond. The rent reduction was delayed pending the DRA's new ruling.

Tulane Realty Co.: DHCR Adm. Rev. Dckt. No. JH110018RP (10/8/96) [2-page document]