Landlord Submitted Engineer's Affidavit

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants. Landlord later applied for restoration of rents and submitted an engineer's affidavit stating that the services in question had been restored. The DRA ruled for landlord, and tenants appealed. The DHCR ruled against tenants. Under DHCR Policy Statement 96-1, landlord was permitted to submit the engineer's affidavit to prove restored services. Tenants didn't submit any contrary affidavit from their own engineer. And less than 51 percent of tenants asked for an inspection in response to landlord's rent restoration application.

Ondrejka: DHCR Adm. Rev. Dckt. No. LJ530288RT (6/1/98) [2-page document]