Landlord Objects to Effective Date of Rent Restoration

Landlord applied for restoration of rent based on the restoration of services. The DRA ruled for landlord and made the effective date of the rent restoration Jan. 1, 2013. Landlord appealed, claiming that the effective date should be April 2, 2010, since this was the original filing date of landlord's application, and tenant had signed a statement of consent on March 17, 2010. The DHCR ruled against landlord. Landlord's application had been rejected by the DHCR on March 24, 2010, due to landlord's failure to complete the Owner's Certification and to provide proof that the heat and hot water violations in question had been cleared. Landlord's application wasn't properly refiled until Nov. 13, 2012, and was served on tenant by the DHCR on Dec. 4, 2012. Therefore, the effective date was properly set as the first rent payment date after delivery by the DRA to tenant of landlord's application.

Mullarkay: DHCR Adm. Rev. Docket No. BP110024RO (2/28/14) [2-pg. doc.]