Landlord Was Notified of Tenant Claims

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that tenant didn't properly notify landlord of the conditions at issue before filing his complaint with the agency. Landlord also argued that the person identified as the tenant representative in the complaint didn't submit any authorization, so landlord wasn't required to respond to the representative's notices. The DHCR ruled against landlord. The Queens Community Civic Corporation had submitted complaints on behalf of 55 tenants in the building, including tenant in this case. Each complaint was signed by each of the 55 tenants. Attached to each complaint was a "General Complaint Form" that contained a checklist of problems, with various boxes checked by the tenants and the corresponding form signed by each tenant. In addition, a certified letter addressed to landlord from the tenants' representative was attached to each complaint. The letter referred to the attached complaint forms and asked landlord to respond to the complaints within 10 days. The representative's letter was addressed to the registered managing agent at the building management company that was the owners' agent. Tenants complied with Rent Stabilization Code Section 2523.4(c) and gave landlord proper notice of their claims.

Garden Leasing Limited Liability: DHCR Adm. Rev. Docket No. VK110049RO (1/25/08) [3-pg. doc.]