Landlord Restored Storage Bin Service

Rent-controlled tenant complained of a decrease in building-wide services based on discontinuation of access to storage bins used by tenants. The DRA ruled against tenant because, by the time of the agency's decision, landlord had restored the service. Tenant appealed, arguing that the service had been suspended for 16 months before landlord restored it. So tenant should get a rent reduction for the period that he had no storage bin. The DHCR ruled against tenant. Tenant acknowledged that service had been restored. Under DHCR Policy Statement 90-2, if reduced services are restored after tenant files a complaint with the DHCR but before a DHCR inspection has been conducted, no rent reduction will be imposed. In addition, because tenant was rent controlled, he would be entitled to only a prospective rent reduction. Rent-controlled tenants get no retroactive rent reductions when reduction in service complaints are decided in their favor.

Daitz: DHCR Adm. Rev. Docket No. VJ420046RT (2/8/08) [3-pg. doc.]