Landlord Submitted Second Page of Rent Restoration Form Separately

The DRA reduced tenant's rent based on a reduction in services. Landlord later applied to restore the rent based on restoration of services. The DRA ruled for landlord only in part. An inspection showed that only some of the conditions had been repaired. Landlord appealed, claiming that no inspection was needed because tenant had signed a statement consenting to restoration of rent and agreeing that services were restored. The DHCR ruled against landlord. Landlord had filed its rent restoration application in June 1998, without any tenant consent form. Six months later landlord submitted a ''supplement'' to the rent restoration application, containing only the second page of the restoration form with the tenant's consent. Tenant never confirmed whether she had actually signed a full consent. Landlord's consent form was defective, since landlord didn't show that there was a knowing and voluntary consent that services were restored.

Samson Mgmt. Corp.: DHCR Adm. Rev. Dckt. No. NE420084RO (8/27/99) [2-pg. doc.]